Social Security benefits provide crucial financial support to older adults and those who are unable to work due to disability.
According to data from the SSA, nearly 37% of men and 42% of women over the age of 65 depend on Social Security for at least half of their income.
Several factors determine the amount of Social Security benefits you receive, including your lifetime income history, the number of years you’ve worked, and the age at which you claim benefits. However, one important factor that’s often overlooked is your marital status. If you’re going through a divorce, it’s important to understand how it could influence your benefits.
While Social Security Disability Insurance (SSDI) benefits typically depend on your work record and contributions to the Social Security system, marriage and divorce can introduce complexities. If you were married or have recently divorced, you might be eligible for special types of Social Security benefits based on your spouse’s earnings history. Our experienced Richmond social security disability lawyer will walk you through what steps to take.
SSDI and Divorce: How SSDI Benefits Are Handled in a Divorce
SSDI is a federal benefit based on your work history and how much you paid into the Social Security system. Because these benefits are tied to your personal earnings record, they’re treated differently than assets like a house, retirement accounts, or joint bank balances.
While your SSDI benefits themselves are protected, they can still play a role in the overall divorce proceedings. For example, SSDI income may be considered when determining spousal support or alimony obligations. Even though the SSDI payments won’t be divided between you and your spouse, they could be factored into decisions about who pays what and how much.
Does Your Ex-Spouse’s Income Affect Your SSDI?
SSDI benefits are based on your personal work history and earnings record, and as a result, your ex-spouse’s income or financial status will have no bearing on the amount of SSDI you receive each month. This means that regardless of your ex-spouse’s earnings, employment, or financial resources, your monthly SSDI benefits remain unaffected.
Unlike Supplemental Security Income (SSI), which is need-based and could be influenced by household income, SSDI remains unaffected by external financial circumstances, including divorce. Therefore, even if your ex-spouse earns significantly more or less after your separation, your SSDI payments will remain stable.
Impact of Divorce on Dependent or Spousal Benefits
If your spouse or dependent children have been receiving benefits based on your SSDI record, those benefits may be affected once the divorce is finalized. However, in some cases, an ex-spouse may still qualify for benefits, even after the marriage ends.
If your ex-spouse is at least 62 years old, unmarried, and your marriage lasted at least 10 years, they may be eligible to continue receiving benefits based on your work history. These benefits are referred to as “divorced spouse benefits.”
If you have dependent children receiving benefits due to your disability, those payments are unaffected by divorce. Children can continue to receive benefits as long as they meet the SSA’s qualifications for age and dependency.
Divorce and Disability Benefits: Tips for Protecting Your Benefits
Here are some steps to help protect your disability income and avoid costly surprises:
1. Keep all Documents
Keep copies of your SSDI award letter, any correspondence from the SSA, and records of your medical condition. These documents can serve as proof of your income and disability status, and they may become important during divorce negotiations or hearings.
2. Be Careful With Joint Accounts and Assets
If you and your spouse share a bank account and your SSDI payments are deposited there, consider opening a separate account. Once divorce proceedings begin, joint accounts can get frozen or disputed, which could disrupt your access to essential income.
3. Avoid Agreeing to Terms That Jeopardize Your Stability
During a divorce, it can be tempting to sign off on an agreement that seems good enough. But if you rely on disability benefits for basic living expenses, you can’t afford to give up too much without a fight. Make sure your settlement allows you to maintain access to housing, healthcare, and your quality of life.
4. Don’t Assume All Benefits Are Off-Limits in Divorce
While SSDI benefits are protected from division, they can still come up when calculating spousal support (alimony) or even child support. In some cases, your SSDI income might be factored into those calculations. This doesn’t mean you’ll lose your benefits, but it could affect your obligations. Be prepared to have an honest conversation with your attorney about your total financial picture.
5. Consult an SSDI Lawyer
We understand how disability benefits work and how to protect them during legal proceedings. But not only this, we can ensure you feel in control and understand each part of your case, as you’re going through it. What’s more, we’ll completely take care of the legal side, making sure your benefits are handled properly and your rights are respected.
Contact an Experienced Richmond, VA SSDI Lawyer
Divorce is hard enough without worrying about how social security disability and divorce mix.
Perhaps you didn’t even consider that your divorce may influence your Social Security disability insurance benefits, and now you’re left panicking about what to do.
At Hunter | Everage, our Richmond SSDI lawyers are here to help you protect what you’ve earned. We’ve worked with many people going through similar situations to yours, and we know the best ways to handle these cases. And when it comes to our case results and testimonials, these speak for themselves.
If you’re facing a divorce and have concerns about how it might impact your SSDI benefits, contact our Richmond SSDI lawyers at 704-377-9157 to request a consultation.