is a privately-owned website that is not owned by or affiliated with any state government agency

Call Us Today: (833) 613-0618

How Divorce Can Impact Social Security Disability Benefits

Divorce can be a rollercoaster of emotions, and amidst the legal and financial complexities, it’s essential to understand how it may affect Social Security Disability benefits and income. In this article, we’ll explore the interplay between divorce and disability benefits, shedding light on key considerations and potential ramifications, so get comfortable as we dive into this intriguing intersection of law and love.

Divorce and Social Security Disability Benefits

When a marriage dissolves, it doesn’t automatically terminate Social Security Disability benefits. If you were receiving disability benefits based on your former spouse’s work record, you may still be eligible to continue receiving benefits after divorce, provided certain conditions are met. These include having been married for at least ten years, being at least 62 years old, and not remarried.

Impact on Spousal Disability Benefits

If you were receiving disability benefits as a spouse, the divorce may impact your eligibility. Typically, if the marriage lasted less than ten years, your spousal disability benefits may cease upon divorce. However, if you have a qualifying disability of your own, you might be able to transition to individual disability benefits.

Keep in mind that, pending evaluation by the Social Security Administration, those benefits may be different than they were before the marriage was dissolved.

The Divorce Settlement Dance

During divorce proceedings, the division of assets and income can have implications for Social Security Disability benefits. If you receive a substantial settlement or alimony, it could potentially affect your disability benefits. After all, any changes in your income will influence the Social Security Administration’s evaluation of your eligibility for ongoing financial benefits.

It’s important to consult with a qualified attorney to understand how these financial arrangements may impact your eligibility and income.

Remarriage and Disability Benefits

Remarrying after a divorce can have consequences for disability benefits. If you remarry, you generally lose the ability to claim benefits based on your former spouse’s work record. However, if that subsequent marriage ends in divorce or death, you may be eligible to reinstate benefits based on your ex-spouse’s work history.

One could even remarry their original spouse and receive the same benefits that they were entitled to previously, as long as the remarriage took place within a calendar year of the divorce. 


In summary, if you have been receiving social security benefits and are experiencing a divorce, you can keep your benefits if your marriage meets the following qualifications:

  • Married for 10 years or more
  • Not remarried within a calendar year of the divorce
  • Being at least 62 years old
  • Have not received a settlement or alimony as a result of the divorce

Maximizing Benefits Strategically

Navigating the intersection of divorce and disability benefits can be complex, but with careful planning, you can optimize your financial situation. Exploring different scenarios, such as claiming benefits based on your own work record or strategizing the timing of marriage and divorce, can help you make informed decisions that maximize your overall benefits.

Divorce brings a wave of changes, both emotional and financial. Understanding how it intersects with Social Security Disability benefits is essential for maintaining financial stability during these challenging times. Remember, the rules and implications can be intricate, so seeking professional advice from a knowledgeable attorney or financial advisor is highly recommended. By unraveling the complexities of divorce and disability benefits, you can confidently navigate your path forward, securing your financial well-being and embracing a brighter future.

For a free consultation with a qualified attorney, click here or call us at (833) 613-0618

Complete the Form for a Free Consultation With a Social Security Disability Attorney

Do you have a disability or medical condition that prevents your from working?

How long do you expect to be out of work because of your disability?

Were you recently denied disability?

Are you currently receiving social security benefits?

Is an attorney or advocate currently helping you with your disability claim?:

What is your date of birth?:


ZIP Code*

First Name*

Last Name*

Primary Phone*


Do you have any comments or additional information about your inquiry?:

By clicking "Submit" you agree that you will be contacted by a legal representative, participating attorney, or affiliate via phone, email or SMS (Msg & Data rates may apply) about your interest in finding an attorney. Consent is not a requirement of purchase.