Ask Larry

If I Get Divorced And Then Get Approved For DAC Would I Keep My DAC If I Remarry And If My Spouse Is Drawing Social Security Benefits?

If I divorce my current spouse and get approved for DAC would I keep DAC if my ex spouse gets social security and we end up remarrying to each other again?

Hi,

That would be possible unless you previously collected child benefits or disabled adult child's (DAC) benefits from the same parent's account. Except in rare cases, you can't become re-entitled (i.e. entitled for a second time) to child or DAC benefits on the same parent's account if you married after your prior period of entitlement, even if you've since gotten divorced (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300203015#b). The rare instance in which you could become re-entitled to child or DAC benefits after marrying and divorcing would be if a) your first period of child benefit entitlement was during a period in which the parent received disability benefits, and b) your prior child benefits stopped because your parent's disability benefits terminated due to medical improvement.

Best, Jerry

Posted: 
Jan 9 2021 - 7:50am
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