When a Family Member Stops Getting Social Security, Do Others' Benefits Change?

What happens to that money? Also, if anything happens to my wife or stepdaughter (say a divorce or custody change), what happens then?

By , Attorney · UC Law San Francisco

Question:

I'm on disability. I pay $100 out of my SSDI benefit to child support to my first wife for my 17-year-old daughter, plus she gets a $222 benefit from Social Security. I get around $1,700 a month; my current wife gets $222 for her and $222 for our son and $222 for her daughter (my stepdaughter). Close to $2,400 for us and $322 to my ex-wife and daughter.

When my daughter turns 18 she comes off Social Security. What happens to that money? Also, if anything happens to my wife or stepdaughter (say a divorce or custody change), what happens then?

Answer:

When your daughter turns 18 (or graduates high school at age 18 or 19), she will stop receiving money from Social Security based on your earnings record. Your SSDI (disability insurance) benefit will not go up, but your wife, son, and stepdaughter's benefits could go up, because at that point there would be $888 to split between three people. This is due to the "family maximum benefit," which is generally 150% of your primary insurance amount. That amount has to be shared among you and your family members.

Say your individual benefit is actually $1,776; your family members would have to split half of that, or $888. Your individual benefit and your dependents' benefits would total $2,664 ($1,776 + $888), or 150% of $1,776. (For more information on the calculations, see our article on Social Security's family maximum benefit.)

Your ex-wife's benefits won't be affected because a divorced wife's benefits aren't subject to the family maximum (except for ex-spouses who are taking care of your child who is under 16 or disabled).

Now let's look at your second question. If your current wife were to become your ex-wife, your stepdaughter would stop receiving benefits due to the divorce (assuming you had not adopted her). Your ex-wife would receive benefits as a divorced spouse only if you had been married for 10 years and she is over 61 or she is still taking care of your son and he is under 16. At that point, your son would likely receive the entire $888 (assuming your daughter has turned 18, or 19 if she's still in high school).

If your new ex-wife doesn't qualify for any benefit because she is under 62, and your son has turned 18 (or age 19 if he was still in high school at age 18), neither of them will receive a benefit. The money simply goes back into Social Security coffers.

If your new ex-wife were to receive benefits because she is 62 or over, she could be entitled to $888 and your son would be entitled to $888. (Again, an ex-spouse's benefit isn't subject to the family maximum (unless they're taking care of your child who is under 16 or disabled), so doesn't take away from children's benefit amounts.

An important thing to remember is that whether or not your dependents (your daughter, ex-wife, current wife, or stepdaughter) are receiving benefits has no effect on the amount of your benefits. You'll never get more than you're getting now, except for annual cost of living increases.

You can read more about spousal benefits in our article on SSDI benefits for spouses and divorced spouses and more about children's benefits in our article on SSDI benefits for children. (If your child who is turning 18 has a disability, they may be able to collect adult child benefits on your earnings record or SSI.)

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