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How do Social Security Disability Benefits Work if You are Divorced?

There are a lot of factors that go into determining how much someone will receive in social security disability benefits. If the reliance on benefits comes through a spouse, it can get even more complicated if you get divorced at some point while receiving or before even getting benefits. We’ve laid out some of the scenarios around social security disability benefits and divorce.

Will Getting Divorced Affect My SSDI Benefits?

How divorce affects SSDI benefits depends on whether you are receiving benefits on your own accord or receiving a spousal benefit. If you have earned them on your own record, divorce will not affect your benefits unless child support or alimony is taken out of your amount. Otherwise, your own benefits will remain unaffected.

Spousal SSDI Benefits

If you were receiving spousal benefits while you were married, the length of your marriage prior to divorce and your status since the divorce will come into play. Your payments will be affected if you were married for less than 10 years or you get remarried. If you were married for more than 10 years and have not remarried, your payments should remain the same. If you qualify for more social security by yourself, you will no longer receive the spousal benefit portion.

Divorced Spousal SSDI Benefits

If you are divorced and your ex-spouse qualifies for social security disability, you may still be eligible for benefits within certain boundaries. For example, you can still benefit if your spouse applies after your divorce if you were married for over 10 years, you are 62 years or older, you did not remarry, and you are not eligible for greater benefits on your own.

Survivor’s SSDI Benefits

If your ex-spouse passes away, there is an option of auxiliary benefits in certain situations. For this to happen, you need to meet the following. You were married to your ex-spouse for at least 10 years, you are 50 years old or older and disabled or over 60, you have not remarried, and you are not eligible for greater benefits on your own.

Parental SSDI Benefits

In the case that you are caring for an ex-spouse’s child and they are younger than 16 or disabled, you may be able to qualify for benefits. In this scenario, divorce or being remarried does not affect the benefits. This will continue until the child is no longer eligible for benefits.

If you have a question about how divorce affects social security disability eligibility, or if you or your spouse have been denied, your Milwaukee-based social security disability attorney can assist you with your case. The call is free.

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