Can My Ex-Spouse Claim My SSDI Benefits After a Divorce?
Divorce can bring about significant changes, especially when it comes to financial matters. One common question that arises is whether an ex-spouse can claim a portion of Social Security Disability Insurance (SSDI) benefits after a divorce. The answer depends on several factors, including the length of the marriage, the ex-spouse’s age, and their own work history. Here’s what you need to know from our Arkansas & Nationwide Social Security Disability Attorneys at the American Disability Action Group.
1. Understanding SSDI Benefits and Divorce
SSDI benefits are based on your work history and payroll contributions to the Social Security system. These benefits are generally not subject to division during divorce because they are considered personal income tied to the recipient’s earnings. However, in some cases, an ex-spouse may be entitled to claim benefits based on your SSDI record.
In Arkansas, where divorce rates are slightly higher than the national average, it’s important to understand that SSDI benefits themselves are not divided as marital property. Instead, the focus is on whether an ex-spouse can receive auxiliary benefits.
2. When Can an Ex-Spouse Claim Benefits?
To qualify for benefits based on your SSDI record, an ex-spouse must meet specific criteria:
- Length of Marriage: The marriage must have lasted at least 10 years.
- Age: The ex-spouse must be at least 62 years old.
- Marital Status: The ex-spouse must remain unmarried (unless they remarry after age 60, or 50 if disabled).
- Own Work Record: The ex-spouse cannot be eligible for a higher benefit amount based on their own work record.
In Oklahoma, for instance, an ex-spouse who meets these criteria may receive benefits without affecting your SSDI payments.
3. Does This Reduce Your Benefits?
The good news is that if your ex-spouse qualifies for benefits based on your SSDI record, it does not reduce the amount you receive. Your benefits remain intact, and any auxiliary benefits paid to an ex-spouse come from a separate pool.
For residents of Mississippi and Tennessee, where financial stress can often accompany divorce, understanding that your SSDI benefits will not decrease can provide peace of mind.
4. What About Child Benefits?
If you have children from the marriage who qualify for dependent benefits, those payments are also unaffected by any auxiliary benefits paid to your ex-spouse. However, if disputes arise, as they sometimes do in Texas, it’s essential to clarify these issues during divorce proceedings.
5. Navigating SSDI and Divorce in Complex Situations
In some cases, disputes over SSDI benefits may arise, especially if there’s confusion about eligibility. Residents of Louisiana should ensure they work with an attorney or advocate familiar with local laws and Social Security rules to resolve such disputes.
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While your SSDI benefits are generally protected during divorce, an ex-spouse may claim auxiliary benefits under certain conditions, such as a long-term marriage and their own financial need. Whether you’re in Arkansas, Oklahoma, Mississippi, Tennessee, Texas, or Louisiana, understanding these rules can help you navigate the complexities of SSDI and divorce. If you have questions or concerns, the American Disability Action Group is here to provide the guidance and support you need.
