HomeMust ReadCan My Ex Wife Get My Social Security Disability

Can My Ex Wife Get My Social Security Disability

How To Stop Social Security Check Payments

If You Receive Social Security Disability, Can Your Spouse Get Benefits?

The SSA can not pay benefits for the month of a recipients death. That means if the person died in July, the check received in August must be returned. Find out how to return a check to the SSA.

If the payment is by direct deposit, notify the financial institution as soon as possible so it can return any payments received after death. For more about the requirement to return benefits for the month of a beneficiarys death, see the top of page 11 of this SSA publication.

Family members may be eligible for Social Security survivors benefits when a person getting benefits dies. Visit the SSA’s Survivors Benefits page to learn more.

What Is The Spousal Social Security Disability Benefit

by Rubi Beltran | Sep 16, 2019 | SSD Benefits

If you have a long-term disability and are entitled to Social Security Disability benefits, your spouse may be entitled to collect a monthly spouses benefit. At this point, you may be wondering, what is the spousal Social Security disability benefit?

Spouses who have been married for at least a year, divorced spouses who were married for at least 10 years, and surviving spouses can qualify for the Spousal Social Security Disability Benefit based on the earnings record of the disabled spouse .

As with many regulations, there are exceptions and special circumstances. We break the policies down in detail below but feel free to call our experts at the number above anytime for quick answers to all of your Social Security Disability questions.

When People With Disabilities Divorce

By Barbara Hughes, Esq., and Edward V. Wilcenski, Esq.

Studies indicate that divorce rates increase with the onset of a disability. While any divorce is likely to be disruptive, when one or both partners have special needs, there are additional complications. Marital laws differ by state, but here are issues to consider.

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Can A Divorced Spouse Receive Disability Benefits

To qualify for benefits as a disabled surviving spouse, you must be divorced from a deceased spouse and meet the following requirements: … Have been married at least 10 years before the date the divorce became final. Meet the disability related requirements. Be unmarried, unless the marriage can be disregarded.

Can Both Spouses Collect Social Security At The Same Time

Social Security Benefits For Spouse After Death

Social security is a very important type of tax-free income. To qualify for social security disability benefits , the non-employed spouse must meet certain requirements, such as work disabling. Its very easy to qualify for disability once you do, your payments are made to you monthly. The problem is that once you become disabled, your income is garnished.

If your spouse has filed a disability, they will be considered a full-time worker for the duration of their disability. Unless you are willing to wait for the entire period to elapse and then file a new tax return, there isnt a way to avoid the effect of a defaulted payment. Not only is it embarrassing to get docked from the federal workforce, but it can also have a significant financial impact.

Some of the items that can be deducted include medical expenses, home-based expenses, childcare, child care, transportation, child support, and so on. Once a collection agency obtains documentation that your spouse has fallen behind in payments. They can petition to have you garnished.

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Eligibility For Divorced Spouses Survivors Benefit

If your ex-husband or wife has died but was collecting or entitled to collect SSDI disability benefits at death, you may be able to collect a survivors benefit. A surviving divorced spouse is entitled to SSDI benefits in the following circumstances:

  • The surviving divorced spouse is 60 years old or older.
  • The surviving divorced spouse is disabled and between 50 and 60.
  • The surviving divorced spouse is eligible for the mothers or fathers benefit .

If a surviving divorced spouse gets remarried before age 60, Social Security benefits will be denied . After age 60 , the Social Security Administration will ignore the marriage and continue to pay SSDI benefits.

How Do You Apply

You can apply online by using our Social Security Retirement/Medicare Benefit Application to apply for retirement, spouse’s, divorced spouse’s or Medicare benefits.

If you and your spouse apply online for retirement benefits at the same time, or if your spouse applies online after you start receiving benefits, we will check their eligibility for benefits as a spouse. If they are qualified, the online application will automatically include a request for spousal benefits on your record.

If your spouse applies for benefits, they need to be ready to supply the information we need to approve their application for these benefits:

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Benefits For Your Divorced Spouse

If you are divorced, even if you have remarried, your ex-spouse may qualify for benefits on your record.

To qualify on your record, your ex-spouse must:

  • Have been married to you for at least 10 years.
  • Be at least 62 years old.
  • Not be eligible for an equal or higher benefit on their own Social Security record, or on someone else’s Social Security record.

How Does Marriage Affect Disability Benefits

Can I Collect My Ex-spouse’s or Deceased Spouse’s Social Security?

If you and your spouse both get SSI, your benefit amount will change from an individual rate to a couples rate.

John Groove has over 20 years of experience specializing in divorce and family law. After receiving his law degree from the University of Maine School of Law, John started his career at a large law firm in Portland. However, he quickly realized that his passion was for working with individuals going through the difficult process of divorce. John is a frequent speaker on divorce-related topics and is well-respected among his peers in the legal community. John is a devoted husband and father of two. In his free time, he enjoys hiking and exploring the beautiful state of Maine.

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Can I Collect My Ex Husband’s Social Security If He Is Remarried

Can I collect Social Security as a divorced spouse if my ex-spouse remarries? Yes. … Your status as a partner in that unit stands, whether or not your ex-husband or ex-wife marries again. However, if you remarry and become part of a new marital unit, your eligibility for benefits based on the previous unit ends.

Can Spouses Of Social Security Disability Recipients Also Receive Benefits

Home » Blog » Social Security Disability » Can Spouses of Social Security Disability Recipients Also Receive Benefits?

Posted on: May 12, 2022

Yes, if you are collecting Social Security Disability Insurance , your spouse can receive a benefit based on these requirements:

  • You have been married for at least one year
  • Your spouse is 62 or older
  • Your spouse is caring for your child who is under 16 or is disabled and entitled to benefits

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How Does Divorce Affect Social Security Disability Benefits

If your ex-spouse will also receive a pension based on work not covered by Social Security, such as government work, their Social Security benefit on your record may be affected. The amount of benefits your divorced spouse gets has no effect on the amount of benefits you or your current spouse may receive.

Start With Your Benefits Estimates

When Your Ex Spouse Dies Do You Get Their Social Security

Your first step in maximizing your Social Security benefits should be to visit the Social Security Administration website. If you know your ex’s Social Security number, you can check for his or her benefits as well. Or you can ask your ex about his or her benefits if the two of you are on good terms.

If you’re not, the SSA can give you information about your ex’s benefits. You’ll need both your and your ex-spouse’s benefits estimates to determine your best Social Security claiming strategy.

When you file for Social Security, you file for all the benefits for which you’re eligible, including divorced spousal benefits. So even if you don’t know your former spouse’s Social Security number, you can still file for and receive divorced spousal benefits.

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Benefits For Your Children

When you qualify for Social Security disability benefits, your children may also qualify to receive benefits on your record. Your eligible child can be your biological child, adopted child, or stepchild. A dependent grandchild may also qualify.

To receive benefits, the child must:

  • Be under age 18 or
  • Be 18-19 years old and a full-time student or

The Government Pension Offset

The GPO affects SERS retirees or disability benefit recipients who are, or will be, receiving a Social Security benefit based on their spouses Social Security account. This includes surviving spouses qualifying on an ex-spouses account. The GPO does not apply to the spouses own Social Security benefit. It does not affect Medicare coverage.

The GPO applies to a SERS retiree or disability benefit recipient who was first eligible to retire from SERS after July 1, 1983, and who receives Social Security benefits.

How the GPO Works

The amount of your Social Security spousal benefit is reduced by two-thirds of the amount of your SERS pension.

For example: Your SERS monthly pension is $1,200, and you also are entitled to a $1,000 Social Security spousal benefit. Two-thirds of your SERS benefit is $800, and when deducted from your Social Security benefit, leaves you with $200 in a Social Security benefit and your full $1,200 SERS pension.

Depending on your gross SERS pension amount, the GPO could eliminate your Social Security spousal benefit entirely.

To find out how the GPO might affect you, go to the SSA website or contact SSA.

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Lost Or Stolen Federal Payments

Report your lost, missing, or stolen federal check to the agency that issued the payment. It’s usually one of these paying agencies. If your documentation indicates it’s a different agency, and you need its contact information, look in the A-Z Index of U.S. Government Departments and Agencies.

To get an update on your claim, contact the Treasury Department Philadelphia Financial Center at 1-855-868-0151, option 1.

Can I Receive Disability Benefits From My Ex

Can you receive a divorced spouse’s social security benefits?

If your ex receives SSDI benefits and you meet the following criteria, you may be able to receive benefits based on your exs record:

  • You were married for at least 10 years to your ex
  • You are at least 62 years old
  • You have not remarried someone else
  • You are not entitled to a larger payment under your own record

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Benefit Amounts For Ex

The SSA pays the same amount in benefits to your ex-wife as a current wife would get. She would get one-half of your Social Security disability and retirement benefits. Her retirement benefits are permanently reduced if she gets them before reaching full retirement age, which is based on her year of birth.

Her survivors benefits are determined differently. The SSA would pay her 100 percent of your entitled benefit amount in survivors benefits if she is at full retirement age. Full retirement age for retirement and survivors benefits are different, though. If she is between age 60 and full retirement age, she gets 71.5 to 99 percent of your entitled benefit. She can get 71.5 percent if she is between 50 and 59 and disabled. If shes taking care of your minor or disabled children, she gets 75 percent.

Ssdi On Your Own Work Record

If you receive SSDI based on your own work history, your payments wont be affected by your divorce. This is because the amount of the disability payment is based on your work history, not your spouses. Your benefits may be garnished, however, if you must begin paying alimony or child support. Whether or not your Social Security dependents benefits will be changed because of the divorce depends on the sort of benefits you receive.

For more information on how getting a divorce can impact your disability benefits, reach out to us at DisABLEd Workers.

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Can I Receive Benefits If My Ex Dies

If you get divorced from your ex and then your ex dies, you may be able to receive benefits if you meet the following criteria:

  • You were married to your ex for at least 10 years
  • You are at least 60 years old or at least 50 years old and disabled
  • You are currently unmarried or you married after age 60 or after age 50 if disabled
  • You are not entitled to a larger benefit based on your own record

Benefits paid to you as a divorced spouse do not affect payments to the widow or widower of your ex or other former spouses. The benefits that you receive as a surviving divorced spouse will not usually affect the benefit amount that other survivors receive unless your qualification is based on the workers child being in your care.

If you claim survivor benefits at full retirement age or older, you may receive 100% of the amount. If you claim benefits after age 60, you will receive between 71% and 99% of the benefit amount. You can opt to apply for survivor benefits at age 60 while waiting to apply for your own benefit up to age 70 in order to receive delayed retirement credits based on your own record.

Eligibility For Surviving Ex

If My Spouse Dies, Do I Get His Social Security and Mine?

If you pass away, the requirement for your ex-wife to get Social Security survivors benefits has a few differences. She generally had to be married to you for 10 years before the divorce to qualify and has to be at least 60 years old . Her disability must meet the SSAs adult definition of disability and occurred before or within seven years of your death. If she remarries after she has reached the eligible age of 60 , she can still receive benefits.

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Whose Earnings Record Should You Collect On

If your ex qualifies for Social Security benefits, you were married for at least 10 years, and you’re not remarried, you have options.

You can claim Social Security on your own earnings record or on your ex’s record. If your ex qualifies for Social Security but isn’t already collecting, you can still collect on his or her record if you’ve been divorced for at least 2 years.

You’re entitled to half of your ex’s benefits if you start collecting once you reach your full retirement age . But you won’t receive increased benefits by waiting past your FRA.

If the benefits you’d receive by collecting on your own earnings record are more than what you’d collect on you ex’s record, consider collecting on your own record.

The history of your earnings for the years you worked.

How Do Spousal Ssdi Benefits Work

Spouses of SSDI recipients can receive up to 50% of their husbands or wifes disability benefits if applied for at full retirement age or if the spouse is caring for the disabled persons child.

Keep in mind, SSDI spousal benefits could be reduced if certain requirements are not met. We will explain those in more detail in an upcoming section.

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How Do I Apply For Spousal Ssdi Benefits

The SSA offers an online portal for those seeking spousal SSDI benefits. Through this portal, you will be guided through the application process.

Prior to beginning your application, you should be prepared by having the following documentation on hand:

  • Proof of US citizenship or lawful alien status
  • Birth certificate or another similar proof of birth documentation

My Child Receives Ssdi Derivative Benefits How Is This Benefit Counted For Child Support Purposes

My spouse works can I still receive Social Security Disability Benefits?

First, the SSDI derivative benefits count as income for the parent from whom they derive. Second, if the childs benefits derive from the non-custodial parent, the amount of the benefits are subtracted from the obligation calculated using the Guidelines. The order is set based on the remaining obligation.For example, if the amount of benefits is $300, and the obligation calculated using the Guidelines is $500, then the order would be set at $200.

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Apply For Social Security

You can file for Social Security benefits online, over the phone, or in person at a local Social Security Administration office.

*The amount of your monthly benefits also increases for each month you wait between age 62 and your full retirement age , but the rate is lower than 8% per year and varies depending on your age.

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Advice services are provided by Vanguard Advisers, Inc., a registered investment advisor, or by Vanguard National Trust Company, a federally chartered, limited-purpose trust company.

The services provided to clients who elect to receive ongoing advice will vary based upon the amount of assets in a portfolio. Please review the Form CRS and Vanguard Personal Advisor Services Brochure for important details about the service, including its asset-based service levels and fee breakpoints.

Disabled Divorced Spouse Benefits

Unfortunately, more than half of all marriages end in divorce. Frequently, one spouse will stay at home during the marriage to take care of children and/or the household, while the other spouse works. As a result, the stay-at-home spouse may not have accumulated sufficient earnings to qualify for benefits under their own Social Security earnings record. Fortunately, the law allows some disabled divorced spouses to qualify for Social Security disability benefits under their ex-spouses earnings record.

To qualify for benefits on your ex-spouses Social Security earnings record, you must be:

  • Disabled according to SSAs definition of disability
  • Have been married to your ex-spouse for at least 10 years
  • Be at least 62 years old
  • Not eligible for an equal or higher benefit under your own or anyone elses Social Security earnings record

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