Will I Lose My Disability if I Get Married? - See the risks (2024)

If you’re planning to get married, it’s understandable you’d want to know if you’ll lose your Social Security Disability Insurance (SSDI) benefits. At , our attorneys have extensive experience answering these and other questions regarding SSDI and marriage. The following is a look at answers to some of the more common questions we receive.

Many people rely on the benefits of Social Security disability insurance to provide financial security. Those who have gone through the process of obtaining SSDI benefits because they suffer from a disability that prevents them from being able to work know how challenging it can be. For this reason, when you start to receive your monthly SSDI payments, it is important to avoid any actions that might make you ineligible for future benefits or that could reduce the amount of the payment you are receiving.

Getting married, divorced, having your children qualify for SSDI benefits, and becoming a widower can all impact the status of your SSDI benefits. It is helpful to understand all of these different situations to make the best decision and to maintain your benefits. Speak with an Ohio SSDI attorney today.

If you’re having problems getting the SSDI benefits you deserve, please don’t hesitate to get in touch. We’ll protect your rights and do everything possible to ease your stress.

It’s Possible to Lose My Disability If I Get Married?

Generally, getting married won’t directly result in losing your SSDI benefits if you’re receiving them based on your own work record. You earn SSDI benefits through your work history and disability, not your marital status. Therefore, marrying someone shouldn’t impact your SSDI eligibility or benefit amount.

However, there are exceptions and considerations to keep in mind, particularly for individuals receiving SSDI benefits as a disabled widow or widower based on a deceased spouse’s work record.

Remarrying before the age of 60 (or age 50 if disabled) can lead to the loss of survivor’s SSDI benefits. You won’t have to worry about a benefit if you’re older than 60 or older than 50 if you’re disabled.

Suppose you’re divorced from your former spouse and collecting SSDI benefits off of their work record, and that former spouse is alive. You’ll forfeit those benefits once you remarry, regardless of your age.

Navigating these rules can be complicated, so always speak with an attorney who has experience in Social Security disability law. They can provide personalized advice on how marriage may impact your benefits, ensuring you understand your rights and options under the law.

If you face eligibility or benefit termination challenges, an attorney can offer expert representation in appeals and administrative proceedings. They’ll fight for your rights and help you retain the benefits you’re entitled to.

Ultimately, while marriage itself typically won’t lead to the loss of SSDI benefits, it’s essential to be aware of the potential implications based on your specific circ*mstances. Consulting with a knowledgeable attorney can provide clarity and peace of mind as you navigate this significant life decision.

How Marriage Will Impact Your SSDI Benefits?

If you are a disabled person and have applied for SSDI, your eligibility for these benefits is calculated based on how long you have been in the workforce and if you have accumulated enough work credits to qualify for government assistance. You must also fit the Social Security Administration’s definition of a disabled person, which can be a long and detailed process.

According to the Federal Government Social Security Administration, if you get married, your SSDI benefits will remain the same. Your spouse’s income will not be contributed to your own earning record and will not reduce the amount of your payment. While marriage will not affect your own personal benefits, it might have an impact on the benefits that your children can receive. Additionally, if you divorce or become widowed, there might be an impact on your SSDI benefits. For this reason, it is important to understand all of the different ways that your benefits can change in a variety of scenarios so that you have the whole picture before you decide to get married.

What if your Dependent Child Gets Married?

Although your SSDI benefits will not change if you decide to get married, those of your children most likely will. Depending on the situation, dependents of a disabled worker may be eligible to receive SSDI benefits as well based on the earning record of the disabled worker. The rules on SSDI benefits for children are important to understand.

Unmarried children and stepchildren of disabled workers can receive SSDI benefits until they are age 18 (or age 19 if they are full-time students in high school) or until they get married. Whichever comes first will be the end of the SSDI benefits for the child.

If the unmarried adult child of a disabled worker is also disabled, they can receivebenefits as well (as long as their disability occurred before they turned twenty-two). These benefits will be available until the child turns twenty-two, recovers from the disability, or gets married, whichever comes first. In some situations, a disabled child might be able to marry another disabled child without losing benefits, but this is a situation that is best discussed with an experienced attorney to understand the details.

SSDI Benefits for a Divorced Spouse Who Remarries

Those divorced spouses who were married to a disabled worker for at least ten years and who are at least 62 years old are eligible to receive SSDI benefits until they die unless they get married again. A person who is receiving SSDI benefits based on their ex-wife or ex-husband’s record will lose their benefits if they decide to get married again. This is one scenario in which it might make sense not to remarry, but this is a personal decision that should be discussed with your Social Security Disability attorney.

Widower’s SSDI Benefits

One scenario to consider before opting to remarry is if you are a widow or a widower who is receiving SSDI benefits. A widow or a widower who received SSDI benefits will lose their benefits if they become remarried. If a surviving spouse is at least 50 years old and they are disabled, they are eligible to receive benefits until their death, given that they do not remarry.

Benefits for a Divorced Spouse Survivor

An ex-spouse of a disabled person who was married for at least ten years and is receiving benefits on behalf of their ex-wife or ex-husband can claim will lose their SSDI benefits if they opt to remarry before a certain age. If you are less than 60 years old, you will no longer qualify for the spousal SSDI benefits. If you decide to get remarried after you are 60 (or 50 years old and disabled), you will retain your SSDI benefits, and the marriage will not impact these. So, in this case, it would make the most sense to wait until after you are 60 years old to get married again.

What Happens If You Get Married And Both Spouses Are On SSDI Benefits?

If both of you receive SSDI benefits based on your work records, your marital status will likely not affect your benefits. Again, each spouse’s benefit amount is determined solely by their own work history and disability, not their spouse’s situation. Therefore, marrying someone also on SSDI benefits shouldn’t change the benefits either spouse receives.

You should both be able to enjoy the benefits they’ve earned without concern about marital status impacting your financial support. Whether both of you have disabilities or simply relying on SSDI benefits for financial stability, your benefits remain intact regardless of marital status.

The same might not apply to your SSI (Supplemental Security Income) or other SSA benefits. A skilled attorney can explain how marriage might affect these benefits and how you can protect your rights.

What Happens If You Get Married To A Person Who Is Not Getting SSDI Benefits?

If you’re receiving SSDI benefits and marry someone who isn’t receiving benefits, your marital status typically won’t directly affect your SSDI eligibility or benefit amount.

SSDI benefits are based solely on your work history and disability, not your spouse’s income or resources. Therefore, marrying someone who isn’t receiving SSDI benefits shouldn’t alter your benefits. You shouldn’t worry that your spouse’s income will reduce your monthly SSDI payment.

However, always consider potential implications on SSI eligibility if your spouse has significant income or resources. SSI is a needs-based program for disabled individuals with limited income and resources, and the SSA determines eligibility based on household income and resources, including those of a spouse.

If your spouse’s income or resources exceed certain thresholds, your eligibility for SSI benefits could be impacted. As of this writing, married couples could earn up to $2,827 per month and remain eligible.

What About Wedding Gifts?

The Social Security Administration (SSA) doesn’t count wedding gifts—whether they are in the form of cash, property, or valuables—as income for SSDI purposes. This means that individuals receiving SSDI benefits can accept wedding gifts without worrying about their eligibility or benefit amount being affected.

Hopefully, this will give you a sense of relief and reassurance when celebrating their special day. You can focus on the joy without worrying about every gift you receive. Whether friends or family members give you gifts to assist with wedding expenses or serve as cherished mementos of the celebration, you can rest assured they won’t affect your SSDI benefits.

Stay mindful of other financial factors impacting SSDI benefits. This article doesn’t cover every possible scenario. While getting married shouldn’t affect your SSDI benefits, other situations might impact you.

While the SSA doesn’t consider wedding gifts income, other sources of income or changes in financial circ*mstances could affect eligibility or benefit amounts. Therefore, you should stay informed and seek guidance if you have questions or concerns.

Consulting with a Social Security disability law attorney can be invaluable in dealing with any potential complications. At Dyer, Garofalo, Mann & Schultz, our lawyers can provide guidance tailored to your specific circ*mstances. We’ll make sure you understand your rights and options under the law.

Whether clarifying regulations, addressing concerns, or advocating in legal proceedings, we can play a crucial role in helping protect your benefits and peace of mind.

Contact a Skilled Ohio Social Security Disability Insurance Attorney Today

If you currently collect SSDI benefits and are considering getting married, it is advisable to speak with an experienced SSDI lawyer to learn how this might impact your claim. At Dyer, Garofalo, Mann & Schultz, we are dedicated to protecting the rights of those who qualify for SSDI, and we want to be sure that you have as much information as possible before making an important decision that will make you lose your SSDI benefits.

In addition, we can represent your interests in legal proceedings if issues arise with the Social Security Administration, ensuring you receive the benefits you’re entitled to and providing peace of mind.

If you still have questions on whether you will lose your disability if you get married call us today at 1.937.222.2222 to schedule a free consultation, or contact us online to book an appointment. We are here and ready to help!

Doug Mann

Before establishing Dyer, Garofalo, Mann & Schultz L.P.A., Doug Mann, a top Ohio Injury Attorney served as a bodily injury claims adjuster at a major insurance firm. With over 40+ years of experience, Doug’s background has proven invaluable in securing maximum cash settlements for his clients swiftly. Since leaving the insurance industry, Doug has devoted his entire legal career to assisting injured clients during their times of greatest need.

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