Getting Divorced? Your Disability Benefits May Be Affected
Image by Steve Buissinne from Pixabay
Divorce affects a person’s disability benefits depending on his or her basis of eligibility for the benefits. Disability payments may change or remain unchanged after divorce depending on whether they are based on an individual’s own working record or his or her spouse’s earning record. The program that a person receives his or her benefits from also determines how divorce will affect the benefits.
SSI Benefits
The Supplemental Security Income (SSI) program is based on one’s needs. The benefits are calculated according to an individual’s available resources, including a portion of his or her spouse‘s income and contribution toward the living expenses. Without a spouse’s income and contribution after getting divorced, a person’s SSI benefits may increase.
After filing for divorce and being awarded alimony or spousal support, any alimony payments received will be considered countable income. Depending on the amount one receives, the SSI benefits could decrease.
SSDI Benefits
If a person is receiving Social Security Disability Insurance (SSDI) based on his or her personal work history, the disability payments will not be affected by his or her divorce. However, if the person is required to pay alimony or child support, a portion of the SSDI benefits could be garnished to meet those obligations.
For people receiving SSDI auxiliary benefits, the effect that divorce will have will depend on the type of benefit that one is receiving.
Spouse’s Benefit
If a person aged at least 62 was drawing SSDI based on a qualifying spouse while they were married, he or she would receive the same amount every month when divorced unless the marriage lasted for 10 or fewer years, he or she becomes eligible to get a larger payment based on his or her own record, or he or she gets remarried.
Divorced Spouse’s Benefit
If a person was not getting a spouse’s benefit before divorce, the person could start collecting a divorced spouse’s benefit based on the work record of his or her former spouse. The person will need to satisfy the following requirements:
- Was married to his or her ex-spouse for 10 or more years
- Is 62 years or above
- Is unmarried
- Is not eligible to receive a larger Social Security benefit on his or her own record
The benefits are available only if the ex-spouse is eligible for SSDI disability or retirement benefits.
Parental Benefits
A person collecting disability benefits for a child will not be affected by divorce. The benefits will only stop being paid when the child is no longer eligible.
Divorced Spouse’s Survivors Benefit
If a person’s former spouse dies, the person may still qualify for disability benefits if the ex-spouse was fully insured for benefits. The person will need to meet these requirements:
- Was married to the ex-spouse for 10 or more years
- Is 60 years or above, or is disabled and aged 50 or above
- Has not remarried
- Is not eligible to receive a larger benefit under his or her individual Social Security record
If a person remarries after turning 60, or after turning 50 while disabled, he or she may still qualify for benefits provided the other requirements above are met.
It is important for a person who is planning to get divorced or has recently gotten divorced to inform the Social Security Administration (SSA) of the changes in his or her life. That will allow the required adjustments to be made and prevent unnecessary complications.