How a Spouse Can Get Benefits When His or Her Spouse Collects Disability
- Spouse's Retirement Benefit. If a husband or wife has been married for at least a year to someone who receives Social...
- Spouse's Survivors Benefit. The surviving spouse is 60 years old or older. The surviving spouse is disabled and between...
- Divorced Spouse's Retirement Benefit. If an ex-spouse...
Is my ex-wife entitled to my VA disability?
Your ex-wife is not a creditor . And your disability benefit is income. So she can be awarded a chunk of your VA benefits in spousal support. But I Earned My VA Disability! As one grows older and wiser, one appreciates the distinction between the law and justice. Yes, you may have earned VA disability income by becoming disabled in the line of duty serving your country.
Will I get my ex-husband's social security when he dies?
A: Yes, your spousal Social Security benefits you currently receive will convert to survivor benefits at the time of your ex-husband's death, according to David Cechanowicz, director of education at Social Security Timing.
How to estimate Social Security benefits from a former spouse?
- If you are of full retirement age or older, you would receive 100%.
- If you are age 60 or older but not yet of full retirement age, you would receive 71.5% to 99%.
- If are 50 to 59 years old and disabled, you would receive 71.5%.
Is divorced spouse entitled to VA disability benefits?
VA disability benefits do not count as an asset during divorce proceedings under federal law. What that means for veterans and former spouses is that a divorce lawyer or family court judge cannot automatically divide the disability income between the former husband and wife.
Can my ex husband get my Social Security disability?
If you are divorced, your ex-spouse can receive benefits based on your record (even if you have remarried) if: Your marriage lasted 10 years or longer. Your ex-spouse is unmarried. Your ex-spouse is age 62 or older.
How can I find out if my ex is receiving disability benefits?
You ask the Social Security Administration. It can tell you the name of any “auxiliary beneficiary,” including an ex-husband or ex-wife who is drawing or has drawn benefits on your earnings record. Social Security can also disclose: The date the person became entitled to benefits on your record.
How do I stop my ex wife from getting my Social Security benefits?
There's nothing anyone can do to prevent their ex from claiming their Social Security. Even though some divorce decrees specify that one spouse will relinquish their rights to collect the other spouse's benefits, the Social Security Administration says these provisions “are worthless and are never enforced.”
Can I get half of my husband's Social Security disability in a divorce?
Amount of Benefits A divorced spouse generally receives 50% of the disabled worker's primary insurance amount (the amount of his or her monthly SSDI check). However, this amount is reduced if you collect it before reaching full retirement age.
How old do you have to be to get Social Security?
Be at least 62 years old. Be unmarried. Not be eligible for an equal or higher benefit on their own Social Security record, or on someone else's Social Security record. The amount of benefits payable to your divorced spouse has no effect on the amount of benefits you or your current spouse may receive.
What age can you get disability benefits?
Divorced spouse. Children. Adult child disabled before age 22. If any of your qualified family members apply for benefits, we will ask for their Social Security numbers and their birth certificates.
How old do you have to be to get a disability?
Be under age 18; or. Be 18-19 years old and a full-time student (no higher than grade 12); or. Be 18 or older and disabled from a disability that started before age 22. Normally, benefits stop when children reach age 18 unless they are disabled.
How much disability can a family member receive?
Each family member may be eligible for a monthly benefit of up to 50 percent of your disability benefit amount. However, there is a limit to the amount we can pay your family. The total varies, depending on your benefit amount and the number of qualifying family members on your record.
Do you pay your spouse's retirement first?
If your spouse is eligible for retirement benefits on their own record, we will always pay that amount first. But, if the spouse’s benefit that is payable on your record is a higher amount, they will get a combination of the two benefits that equals the higher amount.
Can a child receive Social Security disability?
When you qualify for Social Security disability benefits, your children may also qualify to receive benefits on your record. Your eligible child can be your biological child, adopted child, or stepchild. A dependent grandchild may also qualify. To receive benefits, the child must: Be unmarried.
How much disability benefits do I get if I'm still living?
If the disabled worker is still living, a spouse generally receives 50% of the disabled worker's primary insurance amount (the amount of the husband or wife's monthly SSDI check), although if the disabled worker's children are collecting benefits at the same time, the spouse's benefit can be reduced. The total of the spouse's benefit and the children's benefit cannot be greater than the maximum family benefit, which is generally 150% of the disabled worker's monthly SSDI benefit. (Note that the benefits paid to a divorced spouse based on being over 60 or disabled are not counted toward the maximum family benefit and won't affect a current spouse's or child's benefits. However, benefits paid to a divorced spouse who is collecting a mother's or father's benefit are counted toward the maximum family benefit.)
How old is a divorced spouse when receiving SSDI?
If the disabled worker dies but was receiving SSDI benefits when he died, a divorced spouse is entitled to benefits in either of the following circumstances: The surviving divorced spouse is 60 years old or older. The surviving divorced spouse is disabled and between 50 and 60.
What happens if a disabled person dies while receiving Social Security?
In addition, if a disabled worker dies while receiving Social Security benefits, the surviving spouse will receive a death benefit worth several hundred dollars if the surviving spouse was living in the same household.
How long can a spouse be married?
Spouses married for at least a year, divorced spouses who were married at least 10 years, and surviving spouses can be entitled to benefits based on the earnings record of the disabled spouse (or disabled ex-spouse).
What happens if a spouse gets divorced and remarried?
If a surviving divorced spouse gets remarried before age 60, however, Social Security benefits will be deni ed (unless the spouse was between 50 and 60 and disabled at the time of marriage). If the surviving divorced spouse gets divorced after age 60 (or age 50 if disabled), the Social Security Administration (SSA) will ignore the marriage.
How old is a spouse on Social Security?
If a spouse was married for at least a year to a disabled worker who died while receiving Social Security disability benefits, the surviving spouse can get benefits in either of these circumstances: The surviving spouse is 60 years old or older. The surviving spouse is disabled and between 50 and 60.
How old do you have to be to get SSDI?
If an ex-spouse was married for at least ten years to a disabled worker who is collecting SSDI, the divorced spouse can get benefits if he or she is 62 years old or older.
What happens if a spouse gets divorced and remarried?
If a surviving divorced spouse gets remarried before age 60, Social Security benefits will be denied (un less the spouse was between 50 and 60 and disabled at the time of marriage). After age 60 (or age 50 if disabled), the Social Security Administration (SSA) will ignore the marriage and continue to pay SSDI benefits.
How much disability does a divorced spouse get?
A divorced spouse generally receives 50% of the disabled worker's primary insurance amount (the amount of his or her monthly SSDI check). However, this amount is reduced if you collect it before reaching full retirement age. Also, if the divorced spouse is collecting a mother's or father's benefit and the disabled worker's children are collecting ...
What is auxiliary benefit?
When you collect Social Security benefits based on another person's Social Security earnings record, the benefits are called auxiliary benefits. The vast majority of auxiliary benefits are paid to wives and ex-wives; few husbands and ex-husbands receive an auxiliary benefit.
How much is a surviving spouse's PIA?
A surviving divorced spouse's benefits are usually more, and vary between 75% and 100%, depending on the divorced spouse's age and whether he or she takes care of minor or disabled children. Here are the rules: A mother or father taking care of a minor or disabled child will receive 75% percent of the deceased worker's PIA ...
How much of a deceased spouse's PIA will be paid?
An ex-husband or ex-wife between age 60 and full retirement age (66 or 67) will receive 71-99% percent of the deceased worker's PIA. An ex-husband or ex-wife who is 66 or 67 or older will receive 100% of the deceased worker's PIA.
Is SSDI based on being a parent?
Note that the benefits paid to a divorced spouse based on being over 60 or disabled are not counted toward the maximum family benefit and won't affect a current spouse's or child's benefits. A divorced spouse's benefit is counted toward the maximum family benefit only when the divorced spouse is receiving an SSDI benefit based on being a parent ...
Can I collect my spouse's SSDI if my husband died?
If your ex-husband or wife has died but was collecting or entitled to collect SSDI disability benefits at death, you may be able to collect a survivor's benefit. A surviving divorced spouse is entitled to SSDI benefits in the following circumstances: The surviving divorced spouse is 60 years old or older.
How to get expert legal advice on VA disability?
To get expert legal advice on exactly how spousal or familial support is calculated, and exactly how your VA disability benefits are treated, consult the lawyers at The Firm for Men. Contact The Firm For Men today to set up an appointment or give us a call at 757-383-9184 .
Why is the Mansell case called "Me vs. myself"?
Mansell. (These cases are all Me v. Myself because the married husband and wife shared the same last name; this is less common today). In the Mansell decision, SCOTUS interpreted federal law to not permit division or partition of disability benefits as community or marital property upon divorce.
What does VA mean?
Let’s be clear here; VA can mean either Virginia or Veterans Affairs depending entirely on context. Perhaps you live in the state of VA, or maybe you collect well-deserved benefits from Veterans Affairs, which you casually call “the VA.”. All well and good. If, however, you collect disability compensation benefits from Veterans Affairs ...
Does spousal support include VA disability?
All the money is in a pool, and she gets a court-determined portion of that pool money. That is all to say that spousal or familial support must include VA disability benefits.
When was the Supreme Court case Rose v. Rose?
This was settled as far back as 1984 by the Supreme Court of the United States in Rose v. Rose, where SCOTUS found that VA benefits are not intended specifically to support only the veteran earning them. And that, sir, means she gets a piece of that pie.
Can you get VA disability if you are disabled?
Yes, you may have earned VA disability income by becoming disabled in the line of duty serving your country. But that, unfortunately, is not the point of disability income. You are receiving money to provide “familial support” from the VA so that your disability does not hamper your family’s ability to live decently.
Is my ex wife a creditor?
§5301 (a) (1), which prevents your disability income from being taken by creditors. Your ex-wife is not a creditor. And your disability benefit is income.
Marriage and Disability: Who Qualifies?
When a person starts receiving SSDI disability benefits from the federal government, some members of their family may also qualify for benefits. Dependent benefits may be available to the eligible worker’s:
How Much Money Will I Receive?
There is an upper limit to the total amount SSDI can pay your family. Each family member may be eligible for a monthly benefit of up to 50% of your spouse’s total disability benefit amount.
You Cannot Receive SSI
It is important to note the difference between SSDI and other types of federal benefits. For example, there is no dependent benefit for spouses or children of people getting SSI, or Supplemental Security Income. SSI a means-tested program based on financial need.
What is VA claims insider?
VA Claims insider is an education-based coaching/consulting company. We’re here for disabled veterans exploring eligibility for increased VA disability benefits and who wish to learn more about that process. We also connect veteran s with independent medical professionals in our referral network for medical examinations, disability evaluations, and credible Independent Medical Opinions & Nexus Statements (Medical Nexus Letters) for a wide range of disability conditions.
What is alimony in a marriage?
Alimony is a court-ordered monthly cash payment paid to an ex-spouse. These payments are put into place to make up for any shortfall in splitting communal assets in a marriage. Alimony is based on the premise that both members of the marriage are responsible for supporting one another.
What states did Mansell v. Mansell rule out?
Mansell ruled that member’s/retiree’s retired pay was not subject to a divorce settlement in community property states like Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.
How many children did a disabled Vietnam vet have?
In that case, a disabled Vietnam veteran divorced after having two children and 10 years of marriage. The court affirmed a lower ruling in a Tennessee court that state courts may to hold a disabled veteran in contempt of court for not paying child support.
Can a divorced spouse get VA disability?
If you’ve ever wondered, “Is a divorced spouse entitled to VA disability benefits,” stay tuned because there’s a simple answer with a more detailed explanation: NO! How disability payments from the VA can be affected by divorce settlements is best summed up by the United States Supreme Court: While the question is complicated, the answer is not.
Can a divorced spouse get CRDP?
In those cases, divorced spouses who had a fixed amount awarded in a divorce decree were not eligible for more based on increases to retirement pay under CRDP. Disabled veterans with a rating of less than 40% and a non-combat disability are not eligible for CRDP must offset payments from disability.
Can a former spouse receive less than retirement?
For a former spouse who would receive less money because of a reduction in retirement pay, courts required the service member to make up the difference. It is important to note a disability and retirement are not interchangeable. The disability rating found by the VA does not equate to the offset of retirement pay.
What percentage of my spouse's SSDI is paid in 2021?
For example, someone who turns 62 in 2021 would be eligible for 32.9 percent of a spouse’s SSDI amount. If you are divorced and drawing SSDI, your former spouse also may be able to collect benefits if the marriage lasted at least 10 years and your ex is 62 or older and has not remarried. Benefits paid to an ex-spouse do not affect ...
Can disabled children get SSDI?
Minor or disabled children of an SSDI recipient also may be eligible for benefits. Payments to a disabled beneficiary’s spouse and kids are collectively subject to a cap called the family maximum and could be reduced if they exceed it.
