If My Daughter Gets Married And Divorced, Would She Be Able To Get DAC Benefits Again?

Oct 24 2019 - 6:11pm

I'm using your software to figure out different scenarios with our DAC. She receives SSIMedicaid and I would like to get her on DAC benefits based on my record (I'm 62) This would make it easier to plan for her future in the sense of receiving/owning financial assets. However is she would get married the DAC benefits could be taken away and any assets would prevent her from receiving SSI again. This could happen as she is prone to make "bad" decisions. After a divorce would she be able to get the DAC benefits again?

Hi,

No. If your daughter's entitlement to disabled adult child's (DAC) benefits on your record is terminated due to marriage, she could not become re-entitled to DAC benefits on your record if she subsequently gets divorced. However, if your daughter gets married and divorced before you file for benefits, she could still potentially qualify for DAC benefits on your record.

In other words, a marriage that ends in divorce would not prevent someone from later applying for DAC benefits for the first time, but they couldn't reclaim DAC benefits in the event of a divorce if they've previously drawn child or DAC benefits on that parent's record (https://secure.ssa.gov/apps10/poms.nsf/lnx/0300203015).

Best, Jerry