Divorce and Social Security Disability Insurance (SSDI)

Submitted by Shane on

Many factors affect a person’s disability benefits. This can include a person’s income, financial resources, employment history, and even their marriage. Today’s blog question came to us through our interactive disability forum and deals with divorce and Social Security Disability Insurance (SSDI). If you have a question you’d like us to answer, leave it in the comment section below or connect with us on Facebook or Twitter. Today’s question is:

I am receiving SSDI benefits. Will getting divorced affect my payments?

If you receive SSDI benefits based on your own earning’s record, your benefit will not be affected by divorce. If, however, you are ordered to pay child support or alimony, a portion of your benefit may be garnished to fulfill those responsibilities.

If you are receiving SSDI auxiliary benefits, there are different ways in which your payments could be affected by divorce. These are explained below:

Spousal Benefits- If you were receiving spousal benefits while you were married, your payments will not be affected unless you were married for less than ten years, you get remarried, or you become eligible to receive a larger Social Security payment under your own record.

Divorced Spousal Benefits-If your ex-spouse qualifies for Social Security Disability Insurance, you may be eligible to receive divorced spouse’s benefits. This is the case if:

  • You were married to the person for over ten years;
  • You are at least 62 years old;
  • You are currently unmarried; and
  • You are not eligible for a larger Social Security payment on your own record.

Survivor’s Benefits- If your ex-spouse is deceased you may be eligible to receive auxiliary benefits on his or her record. To do so, you must meet the following requirements:

  • You were married to your ex-husband or wife for at least ten years;
  • You are at least 50 years old and disabled or over 60;
  • You have not remarried; and
  • You are not eligible to receive a larger Social Security payment on your own record.

Parental Benefits- If you are caring for an ex-spouse’s child and he or she is younger than 16 or disabled, you may be eligible to receive auxiliary benefits. These will not be affected by divorce or remarriage. These benefits will continue to be paid until your child becomes ineligible.

If you plan to get divorced, it is important that you contact the Social Security Administration and let them know about the changes in your life. This will allow them to make any necessary adjustments and will prevent any unnecessary complications.

Note that this article is only directed toward those receiving Social Security Disability Insurance (SSDI). Individuals receiving Supplemental Security Income (SSI) will be affected differently. 

Additional Resources 

Blog comments

Bryan

In reply to by Lane (not verified)

Hi Lane,

Hi Lane,
Marriage and divorce laws vary by state, so I really could not say what counts as marital property, as it may depend on that state's laws.

Mon, 03/27/2017 - 16:01 Permalink
Vicki (not verified)

My ex husband of 12 years has

My ex husband of 12 years has remarried and is disabled at 50 yrs old.. I have not remarried am I entitled to any of his benefits?

Sat, 03/25/2017 - 11:55 Permalink
Eric

In reply to by Vicki (not verified)

Hi Vicki,

Hi Vicki,
You may be able to under certain circumstances, namely these ones:
You were married to the person for over ten years;
You are at least 62 years old;
You are currently unmarried; and
You are not eligible for a larger Social Security payment on your own record.

Best Wishes,
Eric

Mon, 03/27/2017 - 11:10 Permalink
Rebekah (not verified)

My husband committed adultery

My husband committed adultery and I would like to get a divorce. But, I'm raising two children, one is 14 with Autism who receives SSI, and the other is 16. My spouse is permanently disabled and receives Soc. Sec. Disability. I currently receive pay as a dependent along with my children, because I'm caring for our children and do not work outside the home, as I'm homeschooling our children. If I get a divorce, what would my benefits be?

Tue, 03/28/2017 - 23:55 Permalink
Rebekah (not verified)

Sorry, I forgot a couple more

Sorry, I forgot a couple more details. We have been married for over 10 years. Also, what income would he be left with, if we are collecting on his benefits?

Tue, 03/28/2017 - 23:58 Permalink
Bryan

In reply to by Rebekah (not verified)

HI Rebekah,

HI Rebekah,
Your benefits may be the same as they have been, however I really could not say as divorce laws vary by state and we are not experts in family law.

Wed, 03/29/2017 - 09:05 Permalink
linda (not verified)

I am 53 years old. I worked

I am 53 years old. I worked 30 years and had to go on disability. I am the process of a divorce. No minor children. ex to be is 57 and worke state making same amount as my disability check. Can he take any of my disability

Thu, 03/30/2017 - 18:07 Permalink
Bryan

In reply to by linda (not verified)

HI Linda,

HI Linda,
While your ex may be eligible for benefits based on your work record, he may not be able to receive your benefits check for himself, and his receiving benefits based on your work record would not affect your benefit amount.

Fri, 03/31/2017 - 09:20 Permalink
Curious in CT (not verified)

I just have a question. I

I just have a question. I have been divorced for my ex-husband for almost five years now. We were legally married for a little over 13 years. We have four children. Two of which are adults and no longer live at home. I have a 16 year old son and a fifteen-year-old daughter whom I have physical and legal custody of. We both live in separate states. When we got divorced he never came to court. They were unable to put a child support in order because he didn't come to court for the divorce and needed a financial affidavit provided by him. My older son's are in contact with him and one of my son's told me that his father is getting Social Security disability and food stamps. Are my children that I'm still supporting entitled to anything? And if so how do I proceed?

Mon, 04/03/2017 - 13:06 Permalink
Eric

In reply to by Curious in CT (not verified)

Hello,

Hello,

Your 16 year old son and and 15 year old daughter may be entitled to his benefits.
You may be able to under certain circumstances, namely these ones:
You were married to the person for over ten years;
You are at least 62 years old;
You are currently unmarried; and
You are not eligible for a larger Social Security payment on your own record.

You may want to fill out a free disability evaluation to see what benefits you might be entitled to:http://www.disability-benefits-help.org/form/free-disability-evaluation

Best Wishes,
Eric

Mon, 04/03/2017 - 14:59 Permalink
Jackie l (not verified)

I was married for almost 11

I was married for almost 11 yrs.13 years later remarried and i am devorced.my ex also remarried still married to his wife.i am disabled and receive ssi he's going to be set up for hospice .My question is would I be entitled to anything from his social security ?

Tue, 04/04/2017 - 12:11 Permalink
Jodi (not verified)

I'm on disability, 56

I'm on disability, 56 and getting a divorce. My husband is also on disability. I'm getting 636 a month, he gets 2,300. Once the divorce is final, will I be able to get more off his income? We will be married 34 years when the divorce is final. Thank you.

Fri, 04/07/2017 - 13:00 Permalink
Bryan

In reply to by Jodi (not verified)

Hi Jodi,

Hi Jodi,
Yes, you may be eligible for benefits based on your ex's work record, and it may be higher than the amount that you receive now.

Mon, 04/10/2017 - 10:01 Permalink
Sheryl Hodges (not verified)

My x husband was on ssdi and

My x husband was on ssdi and i have had no problem receiving payments for child support for the kids thro this for years. Suddenly the payments stopped and i have no idea why. What could be the reason for this ? I realize payments stop when they are 18, but they are 15 almost 16.

Tue, 04/11/2017 - 11:49 Permalink
Bryan

In reply to by Sheryl Hodges (not verified)

Hi Sheryl,

Hi Sheryl,
I really could not say, your ex may have become ineligible for benefits, which would in turn make your children ineligible for them.

Tue, 04/11/2017 - 13:56 Permalink
Roger (not verified)

I've been with my wife

I've been with my wife for 15 years ,married for 2 years, we have no children together,we are getting divorced,is she entitled to any of my said money

Mon, 04/17/2017 - 13:01 Permalink
Eric

In reply to by Roger (not verified)

Hi Roger,

Hi Roger,

She may be entitled do your benefits if she is at least 62 years old, or currently unmarried and not eligible for a larger Social Security payment on her own record

Best Wishes,
Eric

Mon, 04/17/2017 - 13:47 Permalink
Michelle (not verified)

I am applying for SSDI. I was

I am applying for SSDI. I was married for 17 years and divorced 5 years ago. I have not remarried. If he always has made far than i have, could my SSDI benefit amount be based on his income?

Sun, 04/23/2017 - 09:20 Permalink
Allison (not verified)

My soon to be ex husband

My soon to be ex husband receives social security disability, and my son receives a check do I have to claim this check as my income on the divorce? Thank you.

Mon, 04/24/2017 - 10:16 Permalink
Bryan

In reply to by Allison (not verified)

Hi Allison,

Hi Allison,
As divorce and family law varies by state, I really could not say what you would need to claim on the divorce.

Tue, 04/25/2017 - 09:01 Permalink
Wayne (not verified)

My ex-wife and I divorced

My ex-wife and I divorced back in 2009. At the time she was working, making 35k+ a year. Immediately following the divorce she quite her job and hasn't worked since. She just recently started to receive SSDI benefits, and both my children (That I pay child support on) received $1900.00 each. My question: Can the money she is receiving be used in the calculation in how much money I pay per month? I care deeply for my children and want to make sure they receive the financial support they deserve, however, I also want to make sure I am not "over-paying" based on the financial benefits my ex-wife is receiving for both her and my children.

Wed, 04/26/2017 - 12:55 Permalink
Bryan

In reply to by Wayne (not verified)

Hi Wayne,

Hi Wayne,
I really could not say as family law varies by state. You may want to contact someone more knowledgeable about your particular state's laws.

Wed, 04/26/2017 - 13:53 Permalink
Tjb (not verified)

I currently receive ssdi on

I currently receive ssdi on my record, which is much less than my ex spouse's SS record. We were married 15 yrs. I am 55 and he is 57. Can I reapply at some point to get divorced spouse benefits? If so, when? Do I have to wait for him to turn 62? Also, what is the process? Do I have re-qualify for disability benefits?

Thu, 04/27/2017 - 13:58 Permalink
Janet Massey (not verified)

I was married 1990 to 2000,

I was married 1990 to 2000, then divorced, we had no children, I'm on social security disability in Montana, he lives in Tacoma Washington. I heard I can get his social security instead of mine, can I get his? I am 56 he is I think a couple years older

Fri, 04/28/2017 - 01:49 Permalink
Gary (not verified)

My wife and I are divorcing..

My wife and I are divorcing...we have a six year old daughter. My wife receives SSDI and my daughter also receives SSI. If I am awarded primary custody of my daughter does she lose the SSI? If I file for legal separation instead of divorce would my daughter lose SSI?

Mon, 05/01/2017 - 09:37 Permalink
Bryan

In reply to by Gary (not verified)

Hi Gary,

Hi Gary,
Children would become ineligible for SSI due to an increase parent's income or a significant improvement in their condition, rather than changes in their parent's marital statuses.

Mon, 05/01/2017 - 15:22 Permalink
Erin (not verified)

I currently receive SSI for

I currently receive SSI for my twins who are special needs. Currently it is based off of mine and my husbands income, however we are now separated and I want to know if I can get the amount modified since he is no longer in the home?
Thanks

Mon, 05/01/2017 - 10:03 Permalink
Bluecue (not verified)

I have drawn ssdi since 2003

I have drawn ssdi since 2003.was married for 20 yrs, and 10 yrs ago married for 1 yr. Divorced! !My ex is 63 and going to retire soon. . Question. . I get 760 a month .I'm sure he will draw 2 or 3 times that amount.. can I get more on my check now or when he officially retires. ..

Mon, 05/01/2017 - 14:36 Permalink
Bryan

In reply to by Bluecue (not verified)

HI there,

HI there,
I'm not sure you would be able to, as you must be married at least 10 years to the person off of whose work record you are claiming.

Mon, 05/01/2017 - 15:25 Permalink
ALCS (not verified)

Hi, I live in Florida and am

Hi, I live in Florida and am disabled age 54. I am getting divorced this year 2017 from my second husband who I've been married to for 20 years. He is 58 and does not collect any SS yet. I was married to my first husband for 12 years and he has been collecting SSDI for several years. Can I claim an auxiliary benefit from my first x spouse since i was married to him for over 10 years once my divorce is final from my second husband? Thanks

Thu, 05/04/2017 - 11:11 Permalink
Bryan

In reply to by ALCS (not verified)

Hi there,

Hi there,
As you had remarried, you may only be eligible for benefits based off of your second husband's work record.

Tue, 05/09/2017 - 09:07 Permalink
Shy (not verified)

I am in the process of

I am in the process of divorcing my husband who receives SSI and retirement disability for our 3 and 7 year old sons. If I get custody of both children, will he continue to receive their benefits or will they come with our children? He thinks that he could just give them what he wants them to have.

Thu, 05/04/2017 - 19:36 Permalink
Bryan

In reply to by Shy (not verified)

Hi Shy,

Hi Shy,
You may want to discuss this with the person helping you with the divorce, as family law varies by state and they would know better the rules and regulations that you would be subject to in this case.

Tue, 05/09/2017 - 09:11 Permalink
Becci (not verified)

Im on disability so isnt my

Im on disability so isnt my husband if ee divorce and i remarry will i lose my disability.

Fri, 05/05/2017 - 22:01 Permalink
Frances D (not verified)

I have been married to my

I have been married to my husband for 48 years and he wants a divorce. I have
asked him to file for hus va benifits put he says he is going to wait until after the
divorce so I won't be able to draw any. Is this true. He doesn't draw much more
Social Security than I do but I sound be aloud to draw the difference is that thre
true.

Sun, 05/07/2017 - 02:16 Permalink
Eric

In reply to by Frances D (not verified)

Hi Frances,

Hi Frances,

I'm not an expert on VA benefits, so unfortunately I cannot help you with that. If he is on SSDI benefits, you may be able to entitled to auxiliary benefits.

Best of Luck,
Eric

Tue, 05/09/2017 - 09:10 Permalink
Wendy (not verified)

My husband is class disabled.

My husband is class disabled. He gets the mobility car. But no other money. I work all week. And he tells me half my waged belong to him is this right or wrong. My wage is low so I claim working tax. And I just want to know how I stand.

Wed, 05/10/2017 - 21:46 Permalink
Mom (not verified)

Hi. For the last 4 years my

Hi. For the last 4 years my husband has been in and out of the VA for mental health issues. Diagnosed with schizophrenia and bipolar disorder. I have his two children and he doesn't help at all. His parents buy him everything, cars, drugs, alcohol, cigarettes and clothes... I've asked him to apply for social security benefits so I can draw it for our two children because he can't keep a job without going off his meds and ending in the hospital. Money is always tight, my car is falling apart and I struggle to pay high rent each month. Their father and grandparents expect me to struggle and whenever I ask for help they ignore me and tell me to ship my kids to them if I need help. I can't ship my babies 1,300 miles away. Last time they didn't send them back and I had to drive with an attorney to pick them up. He won't pay court ordered measly cheap $200 a month child support. Is there ANY thing I can do? I went to social security and they said he needs to file.

Thu, 05/11/2017 - 12:34 Permalink
Bryan

In reply to by Mom (not verified)

Hi there,

Hi there,
I'm sorry to hear about that! You may want to speak with your attorney about this, family law varies by state and as such they may be the best person to speak to about this.

Thu, 05/11/2017 - 13:16 Permalink
Diane (not verified)

My son recently received

My son recently received Social Security Disability & got back pay. Will he have to pay her part of the back pay in the divorce settlement?

Thu, 05/11/2017 - 18:16 Permalink
Amber Smith (not verified)

I am recently separated from

I am recently separated from my husband of 18 years who is awaiting a hearing for SSDI benefits. My question is am I entitled to any of his back pay settlement should he be awarded benefits?

Thanks!

Amber

Sat, 05/20/2017 - 08:15 Permalink
Eric

In reply to by Amber Smith (not verified)

Hi Amber,

Hi Amber,

Since you were married for 18 years you may be entitled to backpay from his SSDI.

Best Wishes,
Eric

Wed, 05/24/2017 - 09:14 Permalink

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