Ask Larry

Should My Disability Benefits Increase Because I Divorced?

1991 my Neurologist told me I could no longer work due to me having seizure and the seizures where mainly when I worked. I filled social security disabiltiy June 1991 & I was married at that time & the money I would have received would have been around $500.00 but with my ex husband's in being so much it decreased mine. My divorce was finalized 05/16/2016 & I wanted to know and I thought my Social Security Disability would increase?
Thank you,
Joanna

Hi Joanna,

Your marital status is irrelevant to the calculation of your Social Security disability (SSDI) benefit rate. Your SSDI is based on an average of a variable number of your highest years of earnings. Your income and resources, as well as the income and resources of a spouse when your married, plays no role in determining the SSDI rate.

Therefore, there was no reason for your SSDI rate to have been lowered as a result of your being married, nor is there any reason for your rate to be increased as a result of your divorce.

On the other hand if you receive Supplemental Security Income (SSI), which is a needs based benefit administered by the Social Security Administration, then your divorce could effect your benefit rate (https://www.ssa.gov/disabilityssi/ssi.html). In that case, you may need to contact Social Security to report your divorce.

Best,, Jerry

Posted: 
Jul 27 2017 - 2:20pm
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