Getting married can be one of the happiest times in your life, but with it comes a lot of changes. If you have a disability, you may have questions about qualifying for Social Security disability when married.
It’s understandable to be concerned about the future of your benefits and whether you will still be eligible for Social Security disability when you’re married. In this article, we’ll discuss qualifying for Social Security disability when married, how marriage impacts your disability benefits, and the steps you can take to ensure you continue to receive your benefits.
Get the benefits you earned.
Key Takeaways
- For most SSDI or retirement benefit recipients, if you get married, your benefits will not change.
- There are some circumstances in which your disability would be affected, such as if you receive benefits based on someone else’s record.
- Report any changes to your marital status to the SSA as soon as possible to avoid any delays in your benefits.
In this article about qualifying for Social Security disability when married:
How does marriage affect disability benefits?
According to the Social Security Administration (SSA), if you receive Social Security Disability Insurance (SSDI) or retirement benefits and you get married, your benefits will not change.
For most SSDI recipients, marriage won’t affect their benefits or eligibility. Because SSDI is based on the claimant’s work history and how much they ultimately paid into Social Security, there should be no change or impact to their benefits.
However, there are a few circumstances in which your disability would be affected, such as if you receive benefits based on someone else’s record (a parent or ex-spouse).
Widows and widowers
If you draw SSDI from a deceased spouse’s work record, you may lose benefits if you remarry before age 50. However, if you were disabled and unable to work when you remarried and you remarried between the ages of 50 and 59, you may still be able to receive benefits as a disabled surviving spouse or a disabled surviving spouse.
In many cases, remarrying after age 60 will not affect your SSDI benefits. If this is your situation, you can contact the SSA to determine your benefit eligibility.
Divorced spouses
To receive benefits based on a divorced spouse’s work record, your marriage must have lasted at least 10 years. However, if you’re receiving SSDI benefits through your ex-spouse, those benefits will typically end if you remarry. To avoid potential overpayments and penalties, be sure to report any new marriage to the SSA.
Disabled Adult Children
A disabled adult child (DAC) is someone who draws on their parent’s work record to receive SSDI benefits. A DAC beneficiary must be a dependent “adult child” with a qualifying disability that began before age 22, and they must be unable to work.
Unfortunately, disabled adult children are likely to lose their SSDI benefits once they marry. DAC benefits are considered a “secondary” benefit, meaning it is based on another person’s work record (in this case, the parent’s).
However, an exception applies if the DAC beneficiary marries another DAC beneficiary. In this case, both newlyweds would still be eligible to continue receiving their disability benefits.
Reporting your marriage to the SSA
It’s important to report any changes to your marital status to the SSA as soon as possible to avoid any delays in your benefits. The SSA requests that any changes be reported to them by the 10th day of the month after you get married.
For example, if you get married on June 22nd, you must call and report the change to your marital status by July 10th.
Failure to report your new marriage may result in:
- Benefit disruptions
- Overpayments that you’ll need to repay
- Potential penalties
How Woods & Woods can help
Having a disability shouldn’t mean losing your peace of mind. At Woods & Woods, we help individuals with disabilities connect with legal help. If you’re seeking SSDI benefits, call us today for a free case evaluation.
Claim what you worked for.
Frequently asked questions
The answer to that depends on what type of benefits you receive. If you receive SSDI based on your own work history, your benefits will not be affected by getting married.
SSDI benefits will not be affected since they are based on your income and how much you paid into the program. However, it may be affected if you draw SSDI off someone else’s work record.
Lori Underwood
Lori Underwood received her law degree from Northern Kentucky University. She previously practiced Social Security disability and personal injury law and was a juvenile court attorney.
She has been an attorney at
Woods & Woods since 2014.
