Can my ex wife get my Social Security disability?

Asked by: Matt Wiegand  |  Last update: February 9, 2022
Score: 4.4/5 (56 votes)

Your ex-spouse is entitled to Social Security retirement or disability benefits. If your ex-spouse hasn't applied for benefits, but can qualify for them and is age 62 or older, you can receive benefits on his or her work record if you've been divorced for at least two years.

How much Social Security disability does an ex-spouse get?

If, however, you decide to wait until full retirement age to apply as a divorced spouse, your benefit will be equal to half of your ex-spouse's full retirement amount or disability benefit. The same rules apply for a deceased former spouse.

Can my ex wife get half of my disability?

A divorced spouse generally receives 50% of the disabled worker's primary insurance amount (the amount of his or her monthly SSDI check). However, this amount is reduced if you collect it before reaching full retirement age.

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.

How much Social Security does a divorced spouse get?

The most you can collect in divorced-spouse benefits is 50 percent of your former mate's primary insurance amount — the monthly payment he or she is entitled to at full retirement age, which is 66 and 2 months for people born in 1955, 66 and 4 months for people born in 1956 and is rising incrementally to 67 over the ...

Social Security Ex Spouse Benefits

22 related questions found

Does current wife or ex wife get Social Security?

number 5 below). wives and widows. That means most divorced women collect their own Social Security while the ex is alive, but can apply for higher widow's rates when he dies. benefit on your record if you die before he does.

Can current wife and ex wife collect Social Security?

Eligible spouses and ex-spouses can receive up to 100 percent of the late beneficiary's monthly Social Security payment, if they have reached full retirement age, or FRA. For people claiming survivor benefits, FRA is currently 66.

How do I claim my ex husband's Social Security?

Form SSA-2 | Information You Need to Apply for Spouse's or Divorced Spouse's Benefits
  1. Online, if you are within 3 months of age 62 or older, or.
  2. By calling our national toll-free service at 1-800-772-1213 (TTY 1-800-325-0778) or visiting your local Social Security office.

What happens when you divorce someone on disability?

Social Security Disability Insurance (SSDI) will not be affected by a divorce, but keep in mind that these benefits can be accessed for spousal maintenance or child support payments. Keep in mind that you qualify for SSDI in most cases only if you have worked within the past five years.

Is Social Security disability divisible in divorce?

Under federal law, Social Security benefits may not be divided as community or marital property upon divorce. ... Courts have held that Social Security benefits are a legal entitlement, and therefore are exempt from the property division process in divorce proceedings.

How many ex wives can claim Social Security?

Social Security says that multiple people are eligible to claim on one worker's record. But you can get only one benefit and one at a time.

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.

How will divorce affect my Social Security disability benefits?

If you receive Social Security Disability Insurance (SSDI, or SSD) based on your own work history, your payments will not be affected by your divorce because the amount of the disability payment is dependent on your work history alone, and not your spouse's.

Can you receive disability and Social Security at the same time?

Yes, you can receive Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) at the same time. Social Security uses the term “concurrent” when you qualify for both disability benefits it administers. However, drawing SSDI benefits can reduce your SSI payment, or make you ineligible for one.

Can a divorced woman draw on her ex husband's Social Security?

A divorced spouse may be eligible to collect Social Security benefits based on the former spouse's work record. The marriage must have lasted for at least 10 years, and the divorced spouse must be at least 62 years old.

How long do you have to be married to someone to get their Social Security?

How long does someone have to be married to collect Social Security spouse benefits? To receive a spouse benefit, you generally must have been married for at least one continuous year to the retired or disabled worker on whose earnings record you are claiming benefits. There are narrow exceptions to the one-year rule.

Can a grown child collect parents Social Security?

How much can a family get? Within a family, a child can receive up to half of the parent's full retirement or disability benefits. If a child receives survivors benefits, they can get up to 75% of the deceased parent's basic Social Security benefit.

What is the monthly amount for Social Security disability?

SSDI payments range on average between $800 and $1,800 per month. The maximum benefit you could receive in 2020 is $3,011 per month. The SSA has an online benefits calculator that you can use to obtain an estimate of your monthly benefits.

How long does Social Security Disability last?

For those who suffer from severe and permanent disabilities, there is no “expiration date” set on your Social Security Disability payments. As long as you remain disabled, you will continue to receive your disability payments until you reach retirement age.

What conditions automatically qualify you for SSDI?

Some of the medical conditions that may automatically qualify the policyholder for social security disability benefits include:
  • Mood disorders.
  • Schizophrenia.
  • PTSD.
  • Autism or Asperger's syndrome.
  • Depression.

What other benefits can I get with Social Security Disability?

If you get SSI, you also may be able to get other benefits, such as Medicaid and the Supplemental Nutrition Assistance Program (SNAP). For more information about SSI, read Supplemental Security Income (SSI) (Publication No. 05-11000). After you receive disability benefits for 24 months, you'll be eligible for Medicare.

Can my child get a check if I am on disability?

A minor child of a disabled person who receives Social Security Disability Income (SSDI) can receive a monthly cash benefit check until the child turns 18. When a child collects Social Security benefits based "on the record" of a disabled parent, the child doesn't need to be disabled.

Who is not eligible for Social Security survivor benefits?

Widowed spouses and former spouses who remarry before age 60 (50 if they are disabled) cannot collect survivor benefits. Eligibility resumes if the later marriage ends. There is no effect on eligibility if you remarry at 60 or older (50 or older if disabled).

Can my wife draw on my Social Security?

The spousal benefit can be as much as half of the worker's "primary insurance amount," depending on the spouse's age at retirement. If the spouse begins receiving benefits before "normal (or full) retirement age," the spouse will receive a reduced benefit.