A common question people have about Social Security Disability Insurance (SSDI) is whether getting married (or ending a marriage) will affect their benefits. For people with qualifying disabilities, whether they marry or divorce will not adversely impact their SSDI eligibility — nor will the sum received be affected by how much your spouse makes. For spouses of SSDI recipients, it is a different matter. This is what you need to know.

SSDI Eligibility in General

Eligibility for SSDI is based on the applicant's work history and the status of their disability. In general, 40 work credits — 20 of which must have been earned in the past 10 years — are required, although people 30 years of age and younger may need fewer work credits to be eligible. The applicant's disability must be such that they are unable to perform their employment duties. They also must have suffered from this disability for at least a year, expect this disability to last around a year, or expect it to lead to the applicant's death. The applicant's eligibility does not change as a result of their marital status.

SSDI Benefits for Family Members

Under the SSDI framework, some of the disabled worker's dependents can receive SSDI auxiliary or survivor benefits, depending on the disabled recipient's record of earnings. Some of these SSDI benefits are only available to the SSDI recipient's unmarried family members, so they will no longer be eligible for SSDI benefits if they do get married. Other SSDI benefits for family members are not affected by marriage but have income limits. In these cases, the new spouse's income may count toward the income limits and actually disqualify the disabled worker for SSDI benefits on the basis of finance. SSDI survivor benefits will continue for widows and widowers of disabled workers if they are 60 years of age or older — or if they are 50 years of age or older and are themselves disabled — until such time they remarry or pass away.

SSDI Eligibility for Current Spouses

• Spouses of SSDI recipients are eligible for benefits (up to over $3,000 per month) if:
  They are at least 62 years old when you start receiving SSDI and are not caring for your child — in which case, they can receive monthly benefits based on your record of earnings. Note that if they collect before they hit the age of retirement, there is an early retirement penalty that will lower the amount paid by SSDI.
• They are the primary caregiver for your child under 16 years of age — in which case, their benefits cease when your child becomes 18 years old. Note that if your spouse is working, some (or all) of the spousal benefit may be taken away by Social Security, depending on their working income; or
• They are the primary caregiver of your disabled child — in which case, the child's age does not matter as long as the disability occurred before the child turned 22 years old; and
• They aren't entitled to a better benefit (higher sum) based on their own record of earnings.

The amount of the spousal benefit is up to 50% of your monthly benefit, up to a designated "family maximum" amount. If they qualify for Social Security with their record of earnings, they will receive that SSA benefit amount first. If their income is higher than yours, the Social Security Administration (SSA) will combine the benefits so that they get the higher amount.

SSDI Eligibility for Children of SSDI Recipients

A child (biological, adopted, or stepchild) of an SSDI recipient is eligible to receive up to 50% of the disabled worker's SSDI benefit if:

• They are unmarried and are: 
• Under 18 years old; 
• 18-19 years old and a full-time student (up to Grade 12); or
• Of any age and suffering from an SSA-qualifying disability that started before they turned 22 years old.

SSA guidelines define "disability" as a condition that prevents them from doing substantial work for 12 months minimum or that is expected to result in death. If the child worked prior to becoming disabled (before they turned 22), they might have their own record of earnings that will qualify them for SSDI benefits in their own right. This means that they would not need to apply as a dependent. If their record of earnings entitles them to a bigger SSDI benefit amount than they would get as your dependent, it would probably be better for them to apply for SSDI benefits directly. 

If the Disabled Children of an SSDI Recipient Get Married

If the child of an SSDI recipient suffered a disability that occurred before they turned 22 and are receiving SSDI benefits as a dependent, those benefits would cease if or when they get married. If, however, they marry someone who themselves is eligible for disability benefits, they can continue receiving benefits based on your record of earnings.

SSDI After a Divorce

Dependent SSDI benefits to an SSDI recipient's ex-spouse may continue if:

• The marriage lasted at least 10 years;
• The ex-spouse is 62 years old or older (in which case, benefits continue until death); and
• Neither of you remarries.

If the ex-spouse or SSDI recipient remarries, the SSDI benefits to the ex-spouse cease. This is because the SSDI benefits are attached to the disabled worker and are intended to help that person. In the case of a decade-long marriage, that assistance includes any support obligations until such time the SSDI recipient remarries. Then, the new spouse may be entitled to apply for SSDI benefits as a dependent.

Why Legal Assistance Is Recommended for SSDI Issues

SSDI and other government programs have pretty technical eligibility requirements, and it may not be obvious when someone could be disqualified from receiving benefits. These assistance programs are vital to the livelihood of people in need, such as those with debilitating disabilities. That's why it is important to know when and how someone qualifies to receive benefits and the circumstances under which the benefits will cease. 

If you have questions about eligibility, disqualification, or applying for SSDI as a dependent, it is a good idea to get some legal advice.