Getting A Divorce? Here’s How It May Affect Your Disability

It’s bad enough that you’re getting a divorce. But can it negatively impact your disability status?

Divorces do tend to increase with the onset of a disability, and factors like the inability of one (or both) to take care of themselves, moving, dividing a household and alimony/support payments can make it even more difficult. If one spouse is a caretaker, that role could change, leaving the disabled person needing professional assistance. And because the disabled person may not be able to work, he or she may be entitled to additional spousal support to make up for the loss of marital income.

Getting A Divorce? Here's How It May Affect Your Disability

It’s a complicated subject, and the answer isn’t cut-and-dried. In this article, we’ll discuss the different facets of divorce and the impact it may have on your disability.

What Kind Of Disability?

There are two types of disability payments:

·         SSI, or Supplemental Security Income—based entirely on financial need, for individuals who have a limited work history and resources. If you are married, your spouse’s income is used to calculate your income needs. There are limits on how much in liquid assets you can own, and you can’t own any “family assets.”

In a divorce, SSI is not considered “income” for the purpose of calculating alimony. If your spouse is no longer supporting you, you may find that your SSI payments increase due to additional financial needs. Alimony is considered “unearned income,” and will be used to determine eligibility and benefit amount.

·         SSDI, or Social Security Disability Insurance—this disability payment is based on your own working record, calculated on “recent working years.” SSDI is granted for medical conditions that prevent you from working and last more than a year. If you are judged “disabled,” you can receive benefits regardless of income. You can receive SSDI for as long as you are disabled.

SSDI would not be directly affected by divorce, and alimony would not be considered for eligibility. If you are required to pay child support or alimony to a prior spouse, this income can be garnished to satisfy the requirement. However, SSDI will be taken into consideration in court when awarding alimony in a divorce proceeding.

Getting Disability From A Former Spouse

If you were married to your former spouse for over 10 years, you may be able to receive disability from his or her record if it would pay better than your own. You can receive these benefits if you are

·         Over the age of 62

·         Unmarried

·         Your former spouse is entitled to retirement or disability benefits through Social Security

·         You would receive less based on your own work record than you would from your former spouse.

You would be able to receive one half of your former spouse’s full disability (or retirement) if you begin receiving benefits at retirement age, but not any delayed retirement credits. If you remarry, you would not be able to receive anything from your former spouse, unless your current marriage ends (by death, divorce or annulment.) The Social Security Administration has additional information on its website. You can find more information about receiving income from a former spouse here.

If Divorce Is In Your Future

You should find out all you can about the financial impact it could have on your disability benefits and your disability status before you file for divorce. The Herren Law Firm can help you protect your disability benefits in the event of divorce. Call us today at 713-682-8194 to schedule your free consultation. There’s no obligation, and we’ll be ready to discuss your case to help you decide your next move. (Please note that we a law firm that handles disability cases, and does not practice divorce law.)