Going through a divorce brings financial uncertainty to your life. You may wonder if your Social Security Disability Insurance (SSDI) benefits will change when your marriage ends. At Keefe Disability Law, our Boston Social Security disability lawyers understand the stress of managing both personal and financial changes during this difficult time. We help Massachusetts residents understand how marital status affects their SSDI benefits and dependent eligibility.
Understanding SSDI Benefits and Marital Status
Your own SSDI benefits are based on your work record and remain unchanged regardless of divorce. The marriage SSD rules do not apply. Divorce will not reduce or eliminate your monthly payments. Your benefits depend on your earnings record and disability status, not your marital situation.
However, disability benefits received by family members based on your record may be affected by changes in your marital status. They face different rules when divorce occurs. These secondary SSD benefits follow specific guidelines that marital status directly impacts.
How Divorce Affects Spousal SSDI Benefits
Spousal benefits end immediately when a divorce is finalized by Massachusetts courts. The Social Security Administration (SSA) requires an active marriage for spousal benefits to continue.
However, ex-spouses may still qualify for benefits under different circumstances after the marriage ends. To be eligible, former spouses must meet specific requirements:
- Have been married to you for at least 10 years
- Be at least 62 years old (or 50 if disabled)
- Remain unmarried
- Not be entitled to higher benefits on their own record
Children's SSDI Benefits and Divorce
Children can receive family benefits based on a disabled parent's work record. The child's relationship to the disabled parent determines eligibility, not the parents' marital status. Thus, divorce typically does not affect these benefits.
Children may be eligible to receive SSDI family benefits if they are age 17 or under, age 18 or 19 and in school full-time, or any age if they developed a disability at or before age 21. Special circumstances may allow married children, stepchildren, adopted children, grandchildren, and stepgrandchildren to qualify.
The Social Security Administration may redirect benefit payments based on custody arrangements following a divorce. If custody changes, the parent receiving the child's benefits may also change.
Remarriage and SSDI Benefits in Massachusetts
Getting remarried after receiving SSDI benefits generally does not affect your own benefits, but it can impact benefits received by other family members and may affect future eligibility for certain programs.
- If you remarry while receiving SSDI benefits, your monthly payments continue unchanged. Your new spouse's income does not count toward SSDI eligibility or benefit calculations.
- Remarriage can affect benefits for children from previous relationships. The SSA applies family maximum rules that may reduce individual benefit amounts when multiple family members receive benefits.
- Ex-spouses receiving family benefits on your record lose those benefits if they remarry. In that case, they may become eligible for benefits based on their new spouse's work record.
Special Situations and Exceptions to Marriage SSD Rules
Certain circumstances create exceptions to standard rules about marital status and SSDI benefits. Understanding these situations helps you plan for potential changes.
- Divorced spouses who remarry after age 60 can continue receiving benefits on their ex-spouse's record. This exception recognizes that older individuals may have limited opportunities to build a substantial work history.
- Adult children who become disabled at or before age 21 can receive SSDI benefits based on a parent's record. They typically lose these benefits if they get married, but exceptions exist for marriages to other disabled adult children receiving benefits.
- Unlike SSDI, Supplemental Security Income (SSI) is affected by household income and resources. If you receive both SSDI and SSI, marriage or divorce may impact your SSI benefits even if SSDI benefits remain unchanged.
Steps to Protect SSDI Benefits During Marital Changes
Proactive communication with the Social Security Administration helps avoid benefit disruptions during divorce or remarriage. Taking the right steps protects your benefits and maintains compliance with federal regulations.
The Social Security Administration requires you to report marital status changes, including such information as:
- Divorce finalization dates
- Remarriage dates
- Changes in custody arrangements
- Address changes affecting benefit recipients
The Administration may request documentation to verify marital status changes. Required documents may include divorce decrees, marriage certificates, custody agreements, and court orders affecting child support.
Changes in marital status can create unexpected benefit issues. Working with experienced legal counsel helps you understand your rights and obligations under federal disability law.
