Divorce and Social Security Disability in law

Social Security Disability Benefits and Divorce

If you applied for and are receiving Social Security Disability Benefits and you get divorced, you will continue to get the benefits. Benefits produced from your own labor will not be affected by your divorce. However, if you were receiving it from your spouse, there are limitations. Spousal benefits terminates, except for under a few different circumstances. If you are 62 or older, or if you were married for over 10 years, you will maintain those benefits. However, if you remarry you will no longer be able to collect their benefits.

SSD and Your Own Work Record

Your personal work record determines eligibility for SSD. However, a portion of your benefits may be ordered to be a part of alimony or child support following a divorce. Otherwise, your ex-spouse will only receive benefits based on your work record in the event that you were married for 10 or more years, or if they were 62 years. On the other hand, if they get remarried, they will become ineligible for your benefits.

At D’Agostino & Associates, our competent disability lawyers can help you sort through all the details. Our team will help you understand what you are entitled to, and fight to get what you deserve. Contact us, or call 1-888-245-2924 for a free 24/7 consultation.