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Will Divorce Affect My Social Security Disability Benefits?

 

A:

Whether or not your Social Security disability benefits will change after your divorce depends on if you are receiving Social Security Disability Insurance (SSDI) benefits or if you are receiving Supplemental Security Income (SSI) benefits.

If you are receiving SSDI benefits, the amount you receive should not change. This type of disability benefits depends upon your work history and your contribution to the Social Security fund, not your family or your income. If your spouse is receiving dependent benefits, those payments will stop after a divorce. If your children are receiving dependent benefits, those payments will continue after a divorce in most cases.

If you are receiving SSI benefits, your payments may change after your divorce depending on how your ex-spouse contributed to the household. If your former spouse had a job that increased your family’s income, you may now be eligible for more disability benefits. However, if you remarry, your new spouse’s income may again lower your monthly payment.

Also keep in mind that if you were not eligible for SSI disability benefits when you were married because of your spouse’s income, you may be eligible to collect benefits after a divorce.

Do you have a question about disability benefits and divorce? Call Morgan & Weisbrod today to schedule a free consultation with an experienced Social Security disability lawyer.


Carl M. Weisbrod
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Managing Partner of Morgan & Weisbrod, Board Certified in Social Security Disability Law