Will Getting Divorced Affect Your SSDI Benefits?
Navigating life’s challenges, such as divorce, can be incredibly stressful. When you pair it with concerns about how it can affect your Social Security Disability Insurance (SSDI) benefits, it’s easy for many people to get overwhelmed. However, learning more about how a divorce may impact your benefits can help you stay well-informed during these turbulent times.
How Divorce Affects SSDI Benefits
First and foremost, your individual SSDI benefits, which you receive based on your disability and work history, will remain untouched in most cases. Since these benefits are calculated based on your earning records and not your marital status, you can still collect them monthly without issues.
However, if you’re drawing benefits from your spouse’s work record, the situation may get complicated. Here are two main situations where a divorce may affect a monthly SSDI payment:
Getting Benefits From An Ex-Spouse
Even after a divorce, you might be eligible to receive SSDI benefits based on your ex-spouse’s work record if you meet the following criteria:
- Your marriage lasted at least ten years.
- You are at least 62 years old.
- You aren’t married to someone else.
While you still receive some of your spouse’s benefits, the amount you would receive each month would be less than theirs.
Child Support or Alimony
In most cases, your individual SSDI benefits are protected from most private debt collectors. However, there are certain exceptions you should be aware of. Any legal commitments like child support or alimony can claim a share. That said, if a court requires you to make child support payments, it can take a portion of your SSDI benefits towards fulfilling this responsibility.
How Much Of Your SSDI Benefits Will Your Ex-Spouse Receive?
Any SSDI benefits based on your records remain unaffected when you finalize your divorce. However, your ex-spouse might also receive benefits without impacting your amount. Sometimes, they can receive up to 50% of what you receive each month. Still, the exact proportion or eligibility can vary based on circumstances, making it essential to consult everything with an experienced attorney.
Will Getting Remarried Affect Your SSDI Payouts?
Your personal work history and associated SSDI benefits remain untouched by remarriage. But if you’ve been receiving SSDI benefits from your ex-spouse’s record, a new marriage may stop you from collecting more in the future. There are some exceptions to this rule, such as being a divorced widow and remarrying after you turn 60. Always assess your situation to see whether you’d still be eligible.
Can You Receive Both SSDI Payments And Alimony?
Also known as spousal support, alimony works separately from SSDI benefits. While SSDI eligibility isn’t affected by alimony receipts, the court might factor in your SSDI income when deciding on alimony figures. For instance, if you receive a higher monthly payment in SSDI benefits, a court may reduce the alimony amount you’d otherwise receive from your ex-spouse.
Speak Our Lawyers Today
The relationship between divorce and SSDI benefits can be confusing. But with our team of New York social security disability lawyers, we will clarify every doubt you’re having and ensure your rights remain intact. Have any more questions? Please contact us online or at 855-280-7585 to schedule a free consultation today.