Ask Larry

Can I Get My Benefits Back If I Get Divorced?

I am 38 years old, I have been disabled since 1997 and was getting SSI. When my dad started receiving Social Security I was given his benefits. I recently got married in February and they completely stopped my benefits and denied me SSI. If I get divorced will I be able to get my benefits back?

Hi,

Unfortunately, you couldn't become re-entitled to disabled adult child's (DAC) benefits on your father's record unless your marriage is annulled, or was void for some legal reason (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300203015).

However, if the reason that you are ineligible for SSI (Supplemental Security Income) payments is due to your spouse's income or resources, then a divorce could potentially make you eligible again. There are too many variables involved for me to be able to tell you for sure, though. Social Security's website has an SSI screening tool that may be able to help you.

Best, Jerry

Posted: 
Oct 28 2017 - 12:23pm
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