What You Should Know About SSD Benefits and Divorce

October 17th, 2019 Social Security Disability
man and woman signing divorce papers, wedding rings off

If you and a spouse decide to divorce, this is a major change in your life. In addition to the emotional aspects associated with going through a divorce, you are also forced to make many critical decisions about your future, including your finances.

But what happens if a spouse has Social Security Disability benefits? Is an ex-spouse eligible for benefits following a divorce?

Requirements for Receiving Benefits

Once divorced, there is a possibility that you may be eligible to receive Social Security benefits based upon your ex-spouse’s employment record. In order to do so, certain requirements must be met:

  • Your marriage lasted at least 10 years
  • You are not currently married
  • You are at least 62 years of age
  • Your ex-spouse is entitled to receive Social Security Disability benefits
  • The Social Security benefits to which you would be entitled on your own work record would be less than that under your ex-spouse’s record.

If you are taking care of a child who is 15-years-old or younger or caring for a child with disabilities, you may also be eligible for benefits.  These benefits will only stop when your child reaches age 16 or is no longer eligible.

Important Facts to Keep in Mind

Here are some other important facts to keep in mind:

  • Those who remarry are no longer eligible for benefits from your ex-spouse
  • Your ex-spouse will continue to receive the same benefit to which they are entitled regardless of whether or not you take a benefit based upon their record
  • If you are ordered to pay child support or alimony, you may be ordered to hand over a portion of your benefit for that

Disability Attorneys of Michigan Can Help

Disability Attorneys of Michigan works hard every day helping the disabled of Michigan seek the Social Security Disability Benefits they need. If you are unable to work due to a physical, mental, or cognitive impairment, call Disability Attorneys of Michigan now for a free consultation at 800-949-2900.

Let Michigan’s experienced Social Security Disability law firm help you get the benefits you deserve

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My experience has been nothing but positive! They made the whole process of filing for disability easy. They were always available to answer any questions. I would highly recommend them to anyone who has to make this difficult decision.

- Teri C.