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  • How Does My Divorce Affect Social Security Disability Benefits?

    April 28, 2020 | News
  • social security disability benefits salem illinoisWe are experiencing a high rate of divorces among couples over the age of fifty years. These numbers are increasing tremendously over the years, especially with an onset of disability. The major question is how the divorce will affect Social security disability benefits. If you were getting disability benefits based on your work history, your divorce would not affect your eligibility for social security disability benefits. These disability benefits depend on your work history and your social security fund contribution. It does not depend on your income or your family. This case means that if you are eligible for the disability benefits when you are married, you will still be available for these payments after your divorce.

    Will My Social Security Disability Benefits Payments Change?

    If you divorce without any child support obligations or alimony, your payment calculations will not change. However, if you are obliged to pay for child support or alimony, your disability benefits may be embellished to take care of these legal obligations.

    What If You a Were Eligible as a Dependent Based on Your Spouse Work History?

    divorce social security disability claims salem ilThe social security administration in straitened circumstances allows spouses of workers that are eligible for disability to collect benefits. Generally, a spouse might be eligible for social security disability benefits if he or she is sixty-two years or older, is taking care of a disabled child, or is taking care of a minor child under the age of sixteen. After divorce, you might continue receiving disability benefits as an ex-spouse if;

    • You have been married for a minimum of ten years
    • You are 62 years or above
    • You have not yet remarried
    • You are not receiving a more significant social security payment on your own.

    However, if your children are already receiving Social Security disability dependent benefits, your divorce will unlike affect these benefits. It is also important to note that you can file a claim if your ex-spouse is eligible for social security benefits, but they are not yet collecting them. You need to have been divorced for about two years.

    Conclusion

    divorce affect on disability benefits salem illinoisOther social security programs, such as supplemental security income, have different rules on how divorce will impact the payments. It is vital to know how your benefits and those of your spouse and family members will be affected by a divorce. Please contact an experienced attorney, Bement and Stubblefield LLC, in Salem, IL for more consultation about disability benefits and divorce.