Health Care

Are You Eligible For Your Ex-Spouse’s SSD Benefits After A Divorce?

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Are You Eligible For Your Ex-Spouse’s SSD Benefits After A Divorce?

Cardinal Law Partners June 5, 2020

One of the most significant moments in the lives of many is their wedding. Unfortunately, also a big moment in the lives of many – one that constitutes a major life change – can be divorce. Divorce presents unprecedented emotional aspects and numerous decisions that will be critical to your future. Finances can be a concern for many. Alimony/child support will be a hot topic for some former couples. But what about benefits?

Following a divorce, would an ex-spouse be eligible for benefits if their spouse had SSD benefits?

SSD Benefit Receipt Requirements

Based on the employment record of your ex-spouse, you might be able to receive Social Security benefits after a divorce. Naturally you/your ex-spouse must meet certain requirements in order for you to obtain such benefits. Some of these are as follows:

  • For the receipt of Social Security Disability benefits, your ex-spouse was actually entitled/eligible.
  • You’re 62 years old, or more.
  • You’re not married (currently).
  • You were married to your ex-spouse for a minimum of 10 years.
  • Your entitled SSD benefits on your work record, when compared to your ex-spouse’s record, would be less.

If you’re caring for a child with disabilities or one that is 15 years old or less, you might be eligible for benefits as well. When the child is no longer eligible or reaches age 16, however, the benefits will/may stop.

Important Factors

With all of the above stated, there are some additional factors that deserve consideration. Some of these are as follows:

  • You may be ordered to part with a portion of your SSD benefits if you are ordered to pay alimony or child support. The portion you part with would be used to pay for the alimony/child support.
  • Based upon their record, regardless of whether or not you take a benefit, your ex-spouse will still be allowed their entitled benefit.
  • You aren’t eligible for your ex-spouse’s benefits if you remarry (someone else).

Claims for Social Security Disability

When it comes to the government, few things are done at an accelerated pace. SSD claims involve seemingly endless paperwork and can take years to settle. In the case of denial, appeals can go on for extended periods of time – months or even years. It’s no wonder so many people quit before the process (or their options) has been exhausted.

Are you fighting for SSD benefits and feel like you’re losing the battle? Have you hired an experienced SSD attorney? If not, it’s high time you do. It can be a far more manageable process of receiving your benefits and having your rights represented completely with a knowledgeable, reputable attorney at your side.

It’s okay with the government if you don’t file your claim! That’s why it’s so confusing and the process is so burdensome. Don’t fall into that trap. At Cardinal Law Partners, throughout every stage of your SSD claim, we will be there to assist and represent you. Don’t leave anything to chance and don’t give the government an excuse to deny your claim.

Contact us today for a free consultation. You have nothing to lose and everything to gain.