SSDI and Divorce: Benefits You May Not Know About
TL;DR: Divorce doesn't affect your own SSDI payment. But you may qualify for benefits on your ex-spouse's record if the marriage lasted 10+ years, you're unmarried, and you're 62+ or disabled. For SSI, divorce can actually help by removing spousal income deeming. If your ex-spouse dies, you may qualify for disabled widow/widower benefits as early as age 50 if you became disabled within 7 years of the divorce.
Divorce has different impacts depending on which program you're in. For SSDI, it can sometimes open new benefit options. For SSI, it can increase your payment.
Benefits on an Ex-Spouse's Record
If your marriage lasted at least 10 years, you're currently unmarried, and your ex-spouse has enough work credits, you may receive benefits on their record. This applies whether they're alive (retirement/disability spousal benefits) or deceased (survivor benefits).
Disabled Widow/Widower Benefits
If your ex-spouse dies and you're between 50 and 60, you may qualify for disabled widow/widower benefits on their record. The marriage must have lasted 10+ years, and you must have become disabled within 7 years of the divorce (or within 7 years of when you last received benefits on their record).
SSI and Divorce
After divorce, your ex-spouse's income is no longer deemed to you. If spousal income deeming was reducing or eliminating your SSI, divorce can restore your full benefit. The couple rate ($1,450) reverts to the individual rate ($967).
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Frequently Asked Questions
What are the benefits of benefits on an ex-spouse's record?
If your marriage lasted at least 10 years, you're currently unmarried, and your ex-spouse has enough work credits, you may receive benefits on their record. This applies whether they're alive (retirement/disability spousal benefits) or deceased (survivor benefits).
What are the benefits of disabled widow/widower benefits?
If your ex-spouse dies and you're between 50 and 60, you may qualify for disabled widow/widower benefits on their record. The marriage must have lasted 10+ years, and you must have become disabled within 7 years of the divorce (or within 7 years of when you last received benefits on their record).
What should I know about ssi and divorce?
After divorce, your ex-spouse's income is no longer deemed to you. If spousal income deeming was reducing or eliminating your SSI, divorce can restore your full benefit. The couple rate ($1,450) reverts to the individual rate ($967).