What Happens if You Divorce a Disabled Spouse?

If you or your spouse is disabled, an already-complicated issue like divorce can have even higher stakes. This guide aims to provide legal clarity, compassionate advice, and actionable steps to take if you’re heading for a divorce where at least one party is disabled.

Does SSDI Change After Divorce?

Social Security Disability Insurance, or SSDI, provides monthly benefit payments to people with disabling conditions that prevent them from working. Since the SSDI benefits are tied to the disabled spouse’s work record and not their marital status, they are generally not directly impacted by a divorce. In most cases, disabled spouses may continue to receive SSDI benefits after getting a divorce. However, there are some exceptions. For example, if the disabled spouse was receiving benefits based on their ex-spouse’s work record. In these cases, benefits may change.

Disability Benefits & Support Programs

Notify the SSA if you are getting divorced. Reporting status changes on time is key to continuing to receive your benefits. If your SSDI claim was based on your ex-spouse’s earnings record, you likely must apply for benefits again.

If you were married to your former spouse for at least 10 years, you may be eligible for monthly benefits based on their earnings record, even if they have remarried. To receive these benefits, you must be at least 62, remain unmarried, and not be entitled to any old-age or disability benefit equal to or larger than the full spouse’s benefits.

Property Division & Adjusting for Disability-Related Needs

Marital laws differ by state. While some states allocate property on a 50:50 basis, others follow the principle of “equitable division,” through which the court determines a fair distribution of property and assets. If you are disabled, it’s important to structure a divorce settlement that protects your essential resources like medical equipment, home adaptations, and future disability-related expenses.

In any divorce, custody of minor children is determined by the court based on their best interests. Individuals with disabilities retain their parental rights even if interacting with their children requires supportive services.

Alimony & Maintenance Considerations

SSDI benefits usually don’t change after a divorce. When calculating alimony and support during the divorce process, SSDI payments are considered income, but payments for Supplemental Security Income, or SSI, are not. In addition, SSDI benefits may be garnished to pay unpaid alimony or child support.

If your former spouse was named a health care proxy or granted power of attorney over your finances or property, update those advance directives as soon as possible.

The Impact of SSDI on Divorce Settlement

When getting a divorce as a disabled individual or the former spouse of a disabled individual, your disability benefits may affect the division of assets. SSDI benefits generally aren’t considered marital property, but depositing the funds into a joint account might result in a 50/50 division in some states. However, accounts established only to hold SSI and SSDI benefits are exempt from property division.

If you are the non-disabled spouse of a disabled person, your spouse’s SSDI benefits may play a role in determining alimony. If a court decides you are entitled to alimony, SSDI benefits do count as income.

What Happens if the Disabled Spouse Remarries?

While SSDI benefits are not contingent on remarriage, spousal benefits may change depending on new marriage circumstances. Divorced spouses may be eligible for auxiliary benefits on their ex-spouse’s record, even if the ex-spouse remarries, if they meet the criteria for age, length of marriage, and more. If you get divorced, the amount of disability benefits payable to your divorced spouse does not affect the amount of disability benefits you or your new spouse can receive.

Can a Disabled Spouse Receive SSDI Based on an Ex-Spouse’s Work Record?

After a divorce, an individual may be eligible to receive SSDI benefits based on their former spouse’s work record. Social Security Disability Insurance offers auxiliary benefits for family members, including spousal disability benefits for current or ex-spouses. A divorce does not impact the limit applicable to the disability benefits you or a new spouse may receive.

Disabled people can receive SSDI benefits based on their ex-spouse’s work record as long as the marriage lasted at least 10 years and the applicant remains unmarried, at least 62 years old, and disabled.

Legal Steps to Protect SSDI During Divorce

The most important precaution you can take to protect your Social Security benefits during a divorce is to notify the Social Security Administration about it as soon as possible. Because income, family, living situations, and other personal details affect SSDI benefits, the administration needs to know about changes in your situation promptly to continue offering benefits.

Other important steps to take to protect your rights and benefits include:

Prepare documentation of medical and financial circumstances.
Engage a family law attorney with disability experience.
Develop a benefit retention and financial plan.
Explore legal aid or court-appointed representation if needed.

How Disability Advice Can Help With SSDI Benefits

Disability Advice is the trusted resource for comprehensive information and guidance on Social Security Disability Insurance. We’re dedicated to providing reliable and up-to-date information about who can get SSDI, how to apply, and your legal protections.

We understand how difficult it can be for people and families dealing with disabilities that affect their ability to work, especially during a difficult period like a divorce. That’s why our experts are committed to making the SSDI process easier to understand and helping you get the benefits you deserve. Whether you’re just starting to find out if you can get benefits or applying for them, Disability Advice is here to help you every step of the way.