How Will Divorce Affect My Disability Payments?

Divorce may affect your Social Security disability payments in ways you may not be aware of. Read the following information from experienced Social Security disability attorney Jeff Scholnick.

A clean, smooth divorce can bring back a lot of good into your life. However, there are areas of divorce that often go unseen. Don’t let anything catch you by surprise. Instead, be aware of all that it brings -including how it affects Social Security benefits.

Divorce can affect your disability payments in a number of ways and it is important to be knowledgeable. Receiving Social Security Income (SSI) benefits can increase your payments because it is a need-based benefit, meaning that your payment is calculated based on the amount of resources that are currently available to you. This includes a portion of your spouse’s income as well as contribution to your living expenses.

The circumstances are slightly different if you are receiving SSDI or SSD based on your own work history. Since your disability benefits are strictly dependent on your work history, your payments will not be affected by the divorce. If you are required to pay child support after a divorce, your disability payment may decrease in order to satisfy those payments.

You may be able to receive divorced spouse’s benefits after a divorce if you weren’t already receiving a spouse’s Social Security benefit. This is based on your former spouse’s Social Security work record and is only available to you if your former spouse is eligible for SSDI benefits. A spouse’s benefit payments, for those who are 62 years old or older, should not stop following a divorce. These payments would only cease if you were married for less than 10 years, if you get remarried or if you have become entitled to a greater benefit under your own work record.

If your ex-spouse dies, you may still be eligible for divorced spouse’s survivor benefits. If the deceased spouse was insured for Social Security benefits, you can collect these payments as long as you meet the following requirements; you were married to that person for at least 10 years, you are at least 60 years old or 50 years old and disabled, you are not entitled to a larger benefit under your own Social Security record and you have not yet remarried. You may get remarried and still receive these benefits if you remarried after the age of 60, or after the age of 50 and were disabled.

Although it is of best interest to be aware of the items discussed, it is still important to understand your unique situation and talk to an experienced Social Security attorney. For more information, contact experienced attorney Jeff Scholnick today.


Leave a Comment