Whether someone is physically impaired by a previous injury or is chronically depressed, they should know that getting a divorce while receiving disability benefits presents some unique challenges. In this guide, readers can learn about these issues, and they can find out what they need to know to make strategic, intelligent decisions under Divorce Law in Frederick.
Collecting SSDI on One’s Own Record Won’t Change the Benefit Amount
Because the amount of Social Security disability insurance one can collect depends exclusively on his or her past earnings, the basic amount will not change during or after a divorce.
Collecting SSDI on a Spouse’s Record May Result in Changes
SSDI collected based on a spouse’s record can continue after a divorce as long as the marriage lasted for a decade or more. However, if it lasted less than that time, the claimant gets remarried, or if they can receive more based on their own record, the benefits may be discontinued.
It’s Possible to Apply Based on an Ex-Spouse’s Record
Even after a divorce, a person may be able to collect SSDI based on the former spouse’s record. The marriage must have lasted ten years or more, the person can’t yet be remarried, they have to be more than 62 years old, and they can’t be eligible for a larger benefit on their own record.
Divorce Can Help People Qualify for SSI
A divorce will likely reduce a client’s total assets and household income, which can help them qualify for SSI or Supplemental Security Insurance as long as they are completely disabled and can’t support themselves.
The SSA Can Garnish a Person’s Benefits
If someone is ordered to pay spousal or child support during or after a divorce, their SSDI benefits can be garnished if they stop making payments on their own. The SSA will deduct a certain amount each month and use it to pay those obligations. Most areas treat SSDI as regular income for purposes of child support, and the benefit can increase the amount a person is required to pay.
Call a Family Lawyer for Help
If a local resident is going through a divorce and they’re currently receiving SSDI benefits, they should call an attorney who focuses on Divorce Law in Frederick. Visit us or call today to schedule a consultation.
