Will my disability increase if i get divorced

Chris's Blog

In a recent blog post we discussed the ways in which SSDI benefits could potentially be affected by divorce. Today we thought we would discuss the ways in which SSI benefits can be affected by divorce.

This question was sent to us on Twitter. Feel free to leave your disability benefit questions in the comment section below and we may answer them in a future blog post. Today’s question is:

I am receiving SSI benefits. Will getting divorced affect my payments?

Supplemental Security Income—or SSI—is awarded based on an individual’s financial need. To qualify, applicants must fall within the financial limits set by the SSA. These limits govern the applicant’s finances—and many times—the finances of an applicant’s husband or wife.

When the Social Security Administration (SSA) originally determined the amount of your SSI payments, it would have factored in a portion of your spouse’s income and resources. If you get divorced, your spouse’s income is no longer a factor and your award amount will have to be recalculated. Typically, this will cause your SSI payments to increase.

If, however, you are awarded alimony or spousal support, these payments will count as income. Depending on the amount of spousal support you receive, this could potentially cause your benefits to decrease. Keep in mind that if alimony payments cause your overall income to exceed the SSI eligibility limits, you could lose your benefits altogether.

If any financial deficits following your divorce require you to change your living arrangements (i.e. if you move in with a parent or adult child) your benefits may be affected. For instance if you were to move in with a parent following your divorce and do not contribute to rent or food, your SSI payments could be deducted by as much as one third.

If any changes in your income or living situation occur, you must report them to the SSA as soon as possible. You can do so by phone, mail, or in person at your local Social Security office. You have up to ten days after your divorce is final to report any changes to the SSA. If you fail to report any changes in income or living arrangements, your benefits may be terminated and you could potentially face legal repercussions. Once reported, any modifications to your benefits should take effect within two months.

Before making any decisions that could potentially jeopardize your benefits, you should always contact the SSA. A representative will be able to let you know how your benefits will be affected and will help you take the necessary steps to ensure that your benefits are not compromised.

For more information about SSI benefits, click here.

Shane's Blog

Many factors affect a person’s disability benefits. This can include a person’s income, financial resources, employment history, and even their marriage. Today’s blog question came to us through our interactive disability forum and deals with divorce and Social Security Disability Insurance (SSDI). If you have a question you’d like us to answer, leave it in the comment section below or connect with us on Facebook or Twitter. Today’s question is:

I am receiving SSDI benefits. Will getting divorced affect my payments?

If you receive SSDI benefits based on your own earning’s record, your benefit will not be affected by divorce. If, however, you are ordered to pay child support or alimony, a portion of your benefit may be garnished to fulfill those responsibilities.

If you are receiving SSDI auxiliary benefits, there are different ways in which your payments could be affected by divorce. These are explained below:

Spousal Benefits- If you were receiving spousal benefits while you were married, your payments will not be affected unless you were married for less than ten years, you get remarried, or you become eligible to receive a larger Social Security payment under your own record.

Divorced Spousal Benefits-If your ex-spouse qualifies for Social Security Disability Insurance, you may be eligible to receive divorced spouse’s benefits. This is the case if:

  • You were married to the person for over ten years;
  • You are at least 62 years old;
  • You are currently unmarried; and
  • You are not eligible for a larger Social Security payment on your own record.

Survivor’s Benefits- If your ex-spouse is deceased you may be eligible to receive auxiliary benefits on his or her record. To do so, you must meet the following requirements:

  • You were married to your ex-husband or wife for at least ten years;
  • You are at least 50 years old and disabled or over 60;
  • You have not remarried; and
  • You are not eligible to receive a larger Social Security payment on your own record.

Parental Benefits- If you are caring for an ex-spouse’s child and he or she is younger than 16 or disabled, you may be eligible to receive auxiliary benefits. These will not be affected by divorce or remarriage. These benefits will continue to be paid until your child becomes ineligible.

If you plan to get divorced, it is important that you contact the Social Security Administration and let them know about the changes in your life. This will allow them to make any necessary adjustments and will prevent any unnecessary complications.

Note that this article is only directed toward those receiving Social Security Disability Insurance (SSDI). Individuals receiving Supplemental Security Income (SSI) will be affected differently.

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