By Chris Sharry on August 29th, 2024 in Disability, Disability Benefits, Social Security Disability
It is not uncommon for individuals to remarry following divorce or death of a loved one. Occasionally, this will affect the social security disability benefits that you are receiving or impact your eligibility for future benefits. Remarrying may affect your benefits if you receive (or expect to receive) any of the following:
1. Supplemental Security Income (SSI) payments – Your SSI eligibility and payment amount may change (or stop) due to your new spouse’s income and resources. If you and your spouse both get SSI, your payment amount may change from a single person’s rate to a couple’s rate. Be sure to notify the Social Security Administration (SSA) to avoid being overpaid.
2. Surviving spouse or divorced surviving spouse benefits –
- If you remarry before age 50 – You won’t be eligible for survivors or disability benefits as a surviving spouse unless your later marriage ends by divorce or annulment.
- If you remarry between the ages of 50 and 59 – You may be able to get benefits as a disabled surviving spouse (or disabled surviving divorced spouse) if you were disabled and unable to work when you remarried and your remarriage occurred after age 50. If you remarry before you reach age 60 and that marriage ends, you may be able to get benefits on your previous deceased spouse’s record. Your benefits may begin the first month in which the later marriage ended if all entitlement requirements are met.
- If you remarry after age 60 – You may be eligible for survivors benefits on your deceased spouse’s record or benefits on your new spouse’s record. Contact SSA to find out where you are due the greatest benefit amount.
3. Divorced spouse’s benefits – Generally, if you remarry, benefits paid to you on your former spouse’s record stop. You should report your new marriage to SSA to avoid being overpaid.
4. Children’s benefits (under age 18 or full-time student ages 18 or 19) – Under certain circumstances, SSA may be able to make payments to stepchildren of a worker who receives retirement or disability benefits.
With our law office in Worcester, Massachusetts, we serve social security disability and estate planning clients throughout Massachusetts including Worcester County, Middlesex County, Norfolk County and Boston, Brockton, Cambridge, Chicopee, Fall River, Framingham, Haverhill, Lawrence, Lowell, Lynn, New Bedford, Newton, Quincy, Somerville, Springfield, Waltham, Worcester and more.
If you have questions about how remarrying may affect your specific SSD benefits, please contact our office for a free case evaluation.
