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Can My Husband And I Sell Our Home And Split The Money Without Affecting Our Disability Benefits?

My husband is on social security disability because he has stage 4 lung and brain cancer. We were planning on getting a divorce when he was working i hadnt been able to work for 7 years before he was diagnosed. I am 62 and on disability myself now he is 49 and been on disability for 2 years. I didn't leave cause i thought he would need help but he is doing good. Now if we divorce now with both of us on disability can we split the money from the sale of the house so i can buy another one closer to doctor’s and hospital without it affecting our disability thats all we have to live off of. alinda

Hi Alinda,

Yes, if what you and your husband are collecting is Social Security disability (SSDI) benefits, you could sell your home and split the income without it having any adverse affect on your SSDI benefits. Proceeds from the sale of a home are considered as unearned income, and only earned income can affect a person's SSDI benefits.

However, if either you or your husband receive Supplemental Security Income (SSI), those benefits could be affected by the sale of a home. SSI benefits are needs based, so any change in an SSI recipient's income or resources can potentially impact their SSI benefits.

I should also add that if you've been married to your husband for less than 10 years, a divorce could make you ineligible for spousal or survivor benefits from your husband's Social Security record.

Best, Jerry

Category: 
Posted: 
Feb 17 2021 - 11:15am
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