If the disabled individual divorces their spouse, there will be not an effect upon their Social Security disability benefits. Social Security disability benefits are not based upon marital status. They are based upon an insured status that the disability beneficiary earned through their work activity prior to becoming disabled. However, divorce can affect benefits for Social Security disability dependents. A beneficiary’s spouse or children may under certain circumstances lose their eligibility to benefits.
If a spouse was entitled on the beneficiary’s record as a mother-in-care and her children from a previous relationship are the step-children in care, the spouse and her children will not longer be entitled to benefits once the divorce terminates the disabled beneficiary’s relationship to their step children.
However, if a spouse is on the record as a mother in care for the disabled beneficiary’s child or children (adopted or natural), a divorce may not necessarily terminate their eligibility for benefits on the disabled beneficiary’s record.
If an individual is receiving SSI disability, divorce may actually increase the amount of benefits the disabled beneficiary receives because there is a limit to the SSI income receivable to couples that live in the same household when they both receive SSI disability benefits, or if a spouse is earning wages. The couples SSI limit is never an amount equal to two full SSI disability monthly benefit amounts.
While a divorce might increase the total monthly SSI income of a disability beneficiary, it will not increase the total income the household had prior to the divorce.
In brief, Social Security disability benefit entitlement and monthly benefit eligibility are not affected in any way by divorce, however there is a chance that the divorce may affect dependent beneficiaries on their record.
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