Can Your Ex-Spouse Receive Benefits Based on Your Social Security Disability (SSD) Payments?

By November 19, 2020 November 25th, 2020 No Comments

If you are receiving Social Security Disability (SSD) benefits, those benefits may also be available for other qualifying members of your family, including your spouse and minor children. Once you are in the process of getting a divorce, it is important to make sure that your benefits and your family are still protected. It is important to consider whether or not your spouse was receiving SSD during your marriage, and if they would still qualify for those benefits once you divorce.

Spouse Benefit Qualification 

If your spouse is applying for benefits while you are married, they must provide a Social Security number and a birth certificate. They may also need to provide proof of marriage and dates of any prior marriages.

Benefits After Divorce

Having an ex-spouse that qualifies for benefits will not impact the amount of your monthly benefit. 

Even if you have remarried, it is still possible that your ex-spouse qualifies to receive their own benefits based on your entitlement to benefits. 

For an ex-spouse to qualify for SSD benefits on your record, according to the Social Security Administration, they must: 

  • have been married to you for at least 10 years;
  • be at least 62 years old, or caring for a child under 16, or caring for a disabled child;
  • be unmarried.


Many Oregonians have ex-spouses that continue to receive benefits after a divorce. Ensuring that your family is able to secure the payments they deserve after a divorce is critical for your future. Updating you and your family’s information with the Social Security Administration can feel overwhelming. An attorney can help you make sure that you and your ex-spouse are set up to get the SSD payments you need. Call the team at Drew L. Johnson, P.C. today at (541) 434-6466 to learn more and to schedule a free consultation.

Drew L. Johnson

Drew L. Johnson

Drew L. Johnson has been fighting for the rights of Lane County Social Security Disability claimants for more than 40 years. Learn More