Possible Effects of a Divorce on Your Social Security Disability Benefits


Going through a divorce is already stressful. And your stress level can rise because of your worries about the possible effect on your social security disability benefits. The possible impact of your divorce on your benefits will depend on the program you get the benefits from and your eligibility basis. A skilled Madison, MS divorce attorney will explain to you further the effects of your divorce and help you make the proper notifications. Keep reading to know the impact of a divorce on your social security benefits depending on your situation:

Impacts of a Divorce on Supplemental Security Income or SSI Benefits

If you are getting SSI benefits, a divorce can cause an increase in your payments. Such benefits are based on your needs and calculated based on the available resources such as the income of your spouse. Without the income of your spouse, your resources will be reduced, which may qualify you for higher payments. But, remember that spousal support is countable income and may change your benefits.

Divorce and SSDI On Your Work Record

Social Security Disability Insurance or SSDI offers benefits based on your work history. Because of this, a divorce will not change your benefits. But, if a court orders you to pay child or spousal support, a part of your SSDI benefits can be garnished to satisfy such obligations. The possibility of your dependents’ benefits to change depends on the kind of benefits you get.

  •   Spousal benefit. If you got this benefit and you were at least 62 years old and still married, you will continue to get your payment as a benefit for a divorced spouse. You will no longer get this payment if you have remarried, were married for less than ten years, or your work record entitles you to a bigger benefit.
  •   Divorced spouse’s benefit. You can start getting this benefit based on the Social Security work record of your ex, as long as your marriage lasted for at least ten years and you are currently not married. You can take advantage of this benefit if your souse qualifies for SSDI benefits.
  •   Survivors benefit. You might get this benefit if your ex dies and they were qualified for Social Security benefits.  You also need to be married to them for at least ten years, have not remarried, should be at least 50 years old, disabled, and are not entitled to bigger benefits.
  •   Parent’s benefit. You will receive parent’s benefits if you currently care for an ex-spouse’s child. But, you must continue to care for this child who should be disabled and younger than 16 years old.