Divorce affects your disability benefits in different ways depending on which program you receive. Here's what you need to know.
In this article, we'll cover:
- Divorce and SSI
- Divorce and SSDI
- What to report
- Ex-spouse benefits
1. Divorce and SSI
How SSI changes:
- No longer counted as couple
- Resource limit changes ($3,000 → $2,000)
- Spouse income no longer deemed
- Benefit amount recalculated
Spousal deeming ends:
- Spouse's income no longer counts
- May increase your SSI
- Recalculated as individual
- Often results in higher payment
Resource limit:
- Couple limit: $3,000
- Individual limit: $2,000
- Be careful during transition
- Asset division matters
Property division:
- Assets you receive count
- Could push over limit
- Plan carefully
- May need spend-down strategy
Important: Divorce often increases SSI because your spouse's income no longer counts. But watch the resource limit.
2. Divorce and SSDI
Your own SSDI:
- Usually no change
- Based on your work record
- Not affected by spouse's income
- Continues as before
If receiving on spouse's record:
- May continue if marriage lasted 10+ years
- Must be unmarried
- Age 62+ (or other qualifying conditions)
- Based on ex-spouse's record
Auxiliary benefits:
- Children's benefits continue
- Based on your record
- Divorce doesn't affect children's eligibility
- They still qualify
3. What to Report
Report immediately:
- Date of divorce
- Change in address
- Change in living arrangement
- Any property received
How to report:
- Call SSA: 1-800-772-1213
- Visit local office
- Report within 10 days (SSI)
- Keep documentation
What SSA needs:
- Divorce decree
- Date divorce finalized
- New address
- Property settlement information (SSI)
Failure to report:
- Can cause overpayments
- Penalties possible
- Better to report promptly
- Avoids problems later
4. Ex-Spouse Benefits
SSDI on ex-spouse's record:
- Marriage must have lasted 10+ years
- You must be unmarried now
- Age 62+ (or disabled and 50+)
- Ex-spouse entitled to benefits
Benefits don't affect ex:
- Taking benefits doesn't reduce theirs
- They don't even need to know
- Independent calculation
- No impact on ex or current spouse
Requirements:
- 10-year marriage minimum
- Currently unmarried
- Age requirements met
- Ex-spouse entitled to Social Security
Amount you'd receive:
- Based on ex-spouse's record
- Same as if still married
- May be substantial
- Worth exploring
Remarriage:
- Remarrying usually ends ex-spouse benefits
- Unless remarriage after 60 (retirement)
- Or after 50 if disabled
- Know the rules
Planning for Divorce
Before divorcing:
- Understand benefit implications
- Calculate potential changes
- Consider timing if near 10-year mark
- Get professional advice
Asset division:
- Be aware of SSI resource limit
- Plan for assets you'll receive
- Consider ABLE accounts
- Protect eligibility
Alimony:
- Counts as unearned income
- Affects SSI
- Report to SSA
- Plan for impact
How Purple Helps
- Track benefit changes
- Monitor SSI resources
- Manage changing finances
- Clear financial picture
- Stable banking through change