Marriage and divorce are emotional events, but they also come with practical concerns, especially if you rely on disability benefits to make ends meet. At Tabak Law, we often hear from clients who are going through big life changes and want to know one thing: Will this affect my SSDI benefits?
The answer depends on the type of benefit you’re receiving and how you became eligible. For some, benefits continue without interruption. For others, a new marriage or finalized divorce can change everything.
Let’s break it down in plain terms.
If Your SSDI Is Based on Your Own Work Record
This is the simplest situation. If your benefits come from your own work history, meaning you paid into Social Security and were approved for disability based on that, you can relax. Getting married or divorced won’t affect your monthly payment. It also won’t make you ineligible.
Your benefits are tied to your earnings and your medical condition, not your marital status. As long as your health and work situation haven’t changed, your benefits stay in place.
But If You’re Receiving Benefits Through Someone Else…
That’s where things can shift.
Some people receive SSDI because of someone else’s work history, a spouse, a former spouse, or even a parent. If that’s your case, marriage or divorce might make a difference. Here are three common situations we see:
- Disabled Adult Children: If you were approved for benefits as a disabled adult child (a condition that began before age 22), and you’re collecting SSDI on a parent’s work record, getting married can end those benefits. The only exception is if you marry someone who also receives SSDI or certain other Social Security benefits.
- Widow or Widower Benefits: If your spouse has passed away and you receive benefits based on their record, getting remarried before you turn 60 could cause those benefits to stop. If you wait until after 60 to remarry, you should be able to keep receiving them. (That age drops to 50 if you’re disabled.)
- Divorced Spouse Benefits: If you were married for at least ten years, are now divorced, and haven’t remarried, you might be eligible for benefits based on your ex-spouse’s record. You’ll need to be at least 62, and your former spouse must qualify for Social Security retirement or disability. One important note: receiving benefits this way doesn’t affect your ex’s benefits at all. This is one of the few areas where the Social Security system actually plays fair.
Learn More: SSDI and Spousal Benefits: Can Your Spouse Receive Payments Too?
What About Children’s Benefits?
If you’re on SSDI and have dependent children, they may qualify for benefits too. A divorce won’t necessarily change that, but the Social Security Administration might review the situation, especially if custody or household income changes.
Even if your child doesn’t live with you full-time, they may still be eligible. The SSA looks at several factors to determine this.
Every Case Is a Little Different
One thing we’ve learned over the years: no two situations are exactly alike. The rules are filled with exceptions, timing matters, and what seems like a minor change can lead to unexpected consequences.
We’ve seen people lose benefits they thought were secure, and others leave money on the table without realizing they had options.
Let’s Make Sure You’re Covered
If you’re getting married, finalizing a divorce, or simply trying to plan ahead, it’s worth checking in with someone who understands how these rules actually play out. At Tabak Law, we help people like you figure out what changes and what doesn’t, so you’re not left guessing.
Reach out for a free case review. We’ll take a look at your situation, give you honest advice, and help you take the next step with confidence.