Let Our Firm Get to Work for You

Los Angeles Attorneys Discuss SSD Benefits & Divorce

Divorce Benefits

Divorce and Eligibility for SSD

Many people believe that when they divorce their spouse, they will no longer be eligible for Social Security benefits based on that spouse’s earnings. In many cases, this is simply not true. Whether you can receive benefits based on a divorced spouse’s earnings depends on several factors, including the type of benefits you are receiving.

Because of how complex divorce law is and how it can affect SSI and SSDI benefits is different in each case, it would be a good idea to consult a law firm experienced in such legal matters. Kenton Koszdin Law Office in the San Fernando Valley has been representing Social Security Disability and workers’ compensation clients for years. They are passionate about the rights of the injured and will not hesitate to fight for you. Call them at (818) 901-9999, or (800) 438-7734 toll free, with any questions you may have regarding divorce and your benefits.

The Difference Between SSI and SSDI

  • Supplemental Security Income (SSI) is for low income people who have never worked or haven’t accumulated enough work credits to qualify for SSDI.
  • Social Security Disability Insurance (SSDI or SSD) is for disabled people who have accumulated the required amount of work credits.

How Does Divorce Affect These Benefits?

To collect benefits based on your spouse’s earnings, you need to:

  • Be 62 years old or older
  • Have been married to that spouse for at least 10 years
  • Be unmarried
  • Not be entitled to a greater benefit based on your Social Security record

There are many Frequently Asked Questions regarding divorce and Social Security benefits, here are some of the major ones:

Divorce Benefits

Can I collect benefits on my ex if they get remarried?

Yes, you can still collect benefits.

What if my ex already has other ex spouses collecting benefits based on their record?

Multiple ex spouses can collect on the record of one person, provided they were married at least 10 years.

Will my ex know that I’m collecting benefits based on their record?

The SSA does not inform a person if their ex is collecting benefits based on their record.

What if I’ve been married for at least 10 years more than once?

You will receive the highest benefit available to you.

Will my benefit amount be affected by my divorce?

This depends. If you are already receiving SSI benefits, your benefit amount may actually go up because it is based on your needs. If you are receiving SSDI benefits based on your own work history, your benefit amount my drop because the amount is based solely on your record and not your ex spouse’s.

Call Today for a Free Consultation

As you can see, the effects of divorce on Social Security benefits are complex and often confusing. Keep in mind that payments like alimony and child support can complicate matters. If you are divorced or plan on getting divorced, it’s important that you contact an experienced Social Security lawyer before you make any decisions.

The Van Nuys Social Security attorneys at Kenton Koszdin Law Office have represented many, many divorced or divorcing clients over the years and will use our expertise to fight on your behalf. Call us today at (818) 901-9999, or (800) 438-7734, for a free consultation.

Simple Share Buttons
Simple Share Buttons