
Are you receiving disability benefits and alimony and wonder whether you can receive these benefits at the same time, without facing any repercussions?
Navigating the interplay of disability benefits and alimony can be confusing, especially given the rules and regulations that govern these types of financial support. With different requirements based on your location and personal situation, it’s not always clear what is allowed and what might cause complications or legal problems.
However, it’s crucial to understand your right and the complexities involved to ensure you receive the maximum amount you’re entitled to while remaining compliant with all relevant regulations. In this article, we will explore whether it is possible to receive both disability benefits and alimony simultaneously and what factors to consider to secure the support you need.
Understanding Disability Benefits
The Social Security Administration (SSA) administers two main types of disability benefits: SSDI (Social Security Disability Insurance) and SSI (Supplemental Security Income).
SSDI is similar to an insurance program that provides benefits based on the number of work credits a person has accumulated by paying federal income taxes. On the other hand, SSI is a needs-based program designed to assist low-income individuals with disabilities. The SSI program does not have any requirements regarding work credits, however, SSI recipients must meet strict income and asset restrictions. The benefit amount for SSDI is generally based on the recipient’s work history and lifetime earnings, while SSI payments are determined by financial need and other income sources.
SSI cannot be garnished to pay alimony, whereas SSDI benefits can be deducted to satisfy such obligations. Changes in marital status due to divorce can affect the amount of disability benefits a spouse receives, especially for SSI.
Recipients of SSI are more likely to be affected by divorce, as the program has strict income limits that consider both the recipient’s earnings and those of their spouse. When going through a divorce, it is important to assess the type of disability benefits each spouse receives, SSDI or SSI, as this can impact financial stability. Additionally, the payment of alimony to a former spouse should be considered when evaluating overall finances in divorce proceedings involving a disabled spouse.
Overview of Alimony
Alimony, also known as spousal support or maintenance, refers to payments made by one spouse to the other as part of a divorce settlement. These payments can be made in cash or in the form of goods and services to help meet the recipient’s basic needs.
Alimony can be either court-ordered or voluntary, offering flexibility in how it is arranged between spouses. In California, there are two types of spousal support: temporary spousal support (an order for payments to a spouse before the case is final) or long-term spousal support (support orders made at the end of the case such as in a judgment), or permanent support orders.
When determining the amount and duration of alimony payments, courts typically consider the standard of living during the marriage or at the time of separation. Alimony is generally awarded for a duration corresponding to the length of the marriage, though special circumstances may lead to an extension. Information regarding alimony characteristics should be addressed to your family law attorney.
Types of alimony payments
Alimony, or spousal support or maintenance, can be awarded in the form of cash payments or in-kind support, such as housing or meals, and alimony payments can be either court-ordered or voluntarily agreed upon by both parties as part of a divorce settlement.
Factors determining alimony amounts
There are many factors to be considered when determining alimony amounts such as the duration of the marriage, with longer marriages generally providing a stronger case for spousal support.
A court may also take into account custodial responsibilities for minor children when deciding the terms and amount of alimony. Contributions made by the recipient toward the other spouse’s education or career advancement during the marriage can influence the court’s alimony decision. The court assesses the standard of living of both parties at the time of separation to determine a fair and equitable alimony arrangement.
In cases where one spouse has reduced work experience due to caregiving responsibilities during the marriage, the court is likely to seek an equitable standard of living for both parties unless valid reasons exist to adjust this outcome.
The Interaction Between Disability and Alimony
Alimony, or spousal support, may be required if one spouse sacrifices their ability to earn income during the marriage, especially if the other spouse is disabled and dependent on disability benefits.
During divorce negotiations, factors like the recipient’s income from disability benefits and their ability to become self-supporting will be considered when determining alimony obligations.
Social Security disability benefits (SSDI or SSI) can impact the financial obligations and calculations of alimony in a divorce, but it depends on the specific circumstances of the case.
How SSDI or SSI may affect alimony calculations, and vice versa
If an individual is receiving Social Security Disability Insurance benefits, this is considered part of their income when determining alimony. Courts typically factor in all sources of income, including SSDI benefits, when calculating alimony obligations. The ability of the paying spouse to meet their financial obligations may be impacted by their SSDI income, especially if their income is fixed and lower due to the disability.
Meanwhile, Supplemental Security Income is a needs-based program for individuals with limited income and resources. SSI benefits are generally not counted as income in alimony calculations because they are designed to meet basic living expenses for people in need. However, a court might still take the recipient’s overall financial situation into account when considering the need for alimony or how much should be awarded.
SSDI can be counted as income in alimony determinations, while SSI typically is not. However, both can influence a court’s assessment of financial need and ability to pay alimony. Always consult a legal professional in family law matters for advice based on specific legal circumstances.
It is also important to remember that receiving alimony payments can impact the amount of SSI benefits a person is eligible for, as Social Security counts alimony toward the income limit.
SSI eligibility is determined by total combined or individual income rather than work history, which may affect financial calculations during divorce settlements. The monthly income limit for SSI in 2025 is $967 for an individual and $1,450 for a couple, and not all income is counted toward these limits.
If an individual’s financial situation changes due to divorce — such as receiving spousal support — their SSI benefit amount may either increase or decrease based on their spouse’s prior contributions to living expenses
It is important for individuals receiving SSI benefits to report any changes in their marital status to the Social Security Administration, as failing to do so can result in overpayments or other issues. While this may not necessarily lead to accusations of fraud, not reporting such changes can affect eligibility and benefits, and could lead to penalties or the need to repay overpaid benefits.
Can alimony be deducted from disability benefits?
The Social Security Administration allows individuals receiving SSDI or SSI benefits to also receive alimony without legal restrictions. However, the specific impact of alimony on benefits can vary depending on the program.
For SSDI, receiving alimony generally does not affect the amount of benefits a disabled individual receives, as SSDI is based on the individual’s work history and disability status, not income from alimony. However, any income, including alimony, may affect eligibility for SSI, which is a needs-based program. If a disabled individual receiving SSI, is also receiving alimony, it could potentially reduce their benefits, depending on the amount and whether it is considered countable income by the SSA, as alimony can be paid in cash or in kind (such as housing or food.)
Can You Receive Both Disability and Alimony?
Yes, individuals receiving SSDI and SSI benefits can also qualify for alimony, depending on their financial circumstances and the terms of their divorce agreement. As mentioned, how alimony is assessed can depend on whether a person receives SSDI or SSI benefits.
When determining eligibility for alimony, couples must consider how disability benefits factor into the overall income. This is particularly important if one spouse receives SSI, which has strict income limits. In contrast, SSDI is based on the individual’s work history and is not as directly affected by income from alimony.
The determination of spousal support typically considers factors such as each spouse’s financial means, needs, and overall circumstances, which may include disability benefits.
Legal considerations for receiving both benefits
SSDI payments are not affected by divorce, meaning recipients can continue to receive SSDI benefits alongside any alimony awarded by the court.
Unlike SSDI, SSI can be affected by the division of property or other financial changes resulting from a divorce. This is because changes in financial circumstances, such as the recipient’s income or assets, can impact eligibility or benefit amounts.
When determining alimony, the court typically considers the recipient’s ability to work and their standard of living at the time of separation. While SSDI benefits can be garnished to pay alimony, SSI benefits are generally protected from garnishment and cannot be used to satisfy alimony obligations.
State laws and variations in enforcement
Most state courts interpret the Social Security Act to mean that disability benefits are not considered marital assets and are generally not subject to division in divorce settlements. However, in community property states like California, disability benefits may be considered marital property if they are deposited into a joint account or commingled with other funds for use of both parties.
In states that follow equitable distribution principles, disability payments or lump-sum awards may be factored into the division of marital assets, depending on the circumstances. However, some states that use equitable distribution may exclude disability back pay from property division, treating it as the separate property of the disabled spouse. This topic is discussed in more detail in another section below.
It’s also a good idea to consult a family law attorney for more specific information regarding the equitable distribution of assets and the enforcement of family law orders.
Impact of Divorce on Disability and Alimony
When going through a divorce, it is important to consider whether you or your spouse are receiving disability benefits, as this can have significant financial implications. The type of disability benefits (either SSDI or SSI) received by either party can affect how the divorce is handled, especially in terms of income and asset division.
For SSI recipients, the divorce process can be more complicated, as the program takes into account household income, including a spouse’s earnings, which could impact eligibility and the amount of benefits received. This means that alimony or changes in income resulting from the divorce could affect the SSI recipient’s benefits.
The amount and type of disability benefits received by either spouse may also influence the determination of alimony payments during or after the divorce. In some cases, disability benefits may be considered when calculating a spouse’s financial ability to pay alimony.
Understanding your state’s property division laws is critical, as these will determine how both alimony and disability benefits are treated in the divorce process. The distinction between equitable distribution and community property states, for example, can lead to different outcomes regarding the division of assets and financial support. For clarification of these concepts, consult a family law specialist.
How divorce influences SSDI eligibility
Divorce can impact the amount of SSDI benefits received, particularly if either spouse is eligible for benefits based on the other spouse’s work history.
Disabled spouses may face challenges in becoming self-supporting after a divorce, and the SSA considers marital status when determining eligibility and benefit amounts. In some cases, a disabled spouse may be entitled to SSDI benefits based on their own work record or, in certain circumstances, based on the work record of a former spouse.
Spouses who were receiving dependent benefits based on the disabled spouse’s work record may continue to qualify for those benefits even after divorce, provided they meet the eligibility requirements.
If an individual is eligible for SSDI both as a retired worker and as a divorced spouse, they must apply for both benefits. Under the “deemed filing” rule, the individual will receive the higher benefit amount between the two. This means that if an individual is eligible for benefits from both their own work history and a divorced spouse’s work history, they will only receive the higher of the two amounts.
An exception to the deemed filing rule applies to individuals who turned 62 before January 2, 2016. These individuals may apply for each benefit separately, potentially allowing them to choose the benefit that is more advantageous
Property division and its implications on alimony
The division of property in a divorce can be influenced by whether either spouse is receiving disability benefits, particularly since benefits like SSI are subject to income limits that consider the spouse’s earnings. For example, SSI recipients may see changes in their benefits if their income increases due to a property settlement. Alimony may also be affected by changes in income resulting from property division. A significant increase or decrease in income after the division of assets can create a substantial change in circumstances, which may justify a modification of alimony.
If a spouse is retired or approaching retirement, this could be considered a material change in circumstances, potentially affecting their ongoing obligation to pay alimony, depending on the terms of the divorce decree. For instance, if a retired spouse’s income significantly decreases after a property division, they may petition for a reduction or termination of alimony.
Alimony payment obligations are enforceable by law. If one party fails to comply with a court order, legal actions can be taken to enforce payments, including considering the financial impact of property division.
Determining alimony and property division is subject to state laws, which vary by jurisdiction. These laws consider the overall financial situation of both parties after divorce, including the division of property, disability benefits, and other income sources.
Percentage of SSDI Benefits for Divorced Spouses
Disabled spouses often face challenges in supporting themselves after a divorce. The Social Security Administration allows divorced spouses to continue receiving dependent benefits, provided certain conditions are met. To qualify, the marriage must have lasted at least 10 years, and the divorced spouse must not have remarried. And here, the “divorced spouse” refers to the dependent spouse, not the disability wage earner. The divorced spouse can continue receiving benefits based on the earnings of the wage earner (the former spouse), as long as the conditions (such as the marriage lasting at least 10 years and not remarrying) are met. The disability wage earner is the person who originally worked and earned the Social Security benefits.
The amount of benefits a divorced spouse of an SSDI beneficiary may receive is typically up to 50% of the beneficiary’s SSDI amount, depending on their age and work history. If the divorced spouse is eligible for benefits based on their own work record, they will receive whichever is higher between their own SSDI and the dependent benefit based on the ex-spouse’s record.
In contrast, if the spouse is eligible for Supplemental Security Income after the divorce, the amount of SSI benefits can be affected by factors such as income and assets, which can include alimony or other support payments.
Changes in financial circumstances due to the dissolution of the marriage may also impact SSI payments. For example, if a disabled spouse’s income or living situation changes significantly after the divorce, it could lead to modifications in their benefits.
Understanding spousal claims on disability payments
A spouse can receive Social Security Disability Insurance benefits based on the disabled worker’s record even after divorce, provided the marriage lasted at least 10 years. The divorced spouse must be at least 62 years old, not remarried, and meet other eligibility criteria.
Receiving SSDI benefits based on the ex-spouse’s work record will not reduce the disabled spouse’s individual monthly benefit amount. The benefit for the divorced spouse is calculated separately and is not deducted from the disabled spouse’s payment.
Garnishments and Disability Payments
The legal rules surrounding garnishments vary depending on the type of disability benefits being received and the specific financial obligations. For instance, while SSDI benefits can be garnished, SSI is largely protected from garnishment except for certain legal obligations.
What can be garnished from SSDI?
Section 459 of the Social Security Act (42 U.S.C. 659) permits the Social Security Administration to withhold current and continuing Social Security payments for garnishment to fulfill court-ordered alimony payment (see also Social Security Ruling (SSR 82-38).
However, Supplemental Security Income benefits are not subject to garnishment, which means only SSDI benefits can be garnished if a person is receiving both SSDI and SSI concurrently.
The maximum percentage of SSDI benefits that can be garnished for alimony is 60%. If the individual is more than 12 weeks behind on payments, an additional 5% can be garnished, bringing the total to 65%. This garnishment is typically applied to ensure compliance with court-ordered spousal support obligations.
Don’t let the complexities of disability benefits overwhelm you. La Porte Law Firm can provide the clarity and guidance you need. We’ll help you understand your options and ensure you receive the support you’re entitled to. Schedule a consultation today, and gain peace of mind knowing you’re in good hands.
FAQs
Yes, receiving disability benefits while also receiving alimony can be subject to restrictions, depending on the type of disability benefit received.
Alimony is unearned income, as it is not work done for profit. Therefore, it will not impact an individual’s eligibility for Social Security Disability Insurance benefits. However, it can impact eligibility for Supplemental Security Income.
No, you generally do not need to report your alimony payments when applying for Social Security Disability Insurance benefits because alimony is considered “unearned income” and does not affect the calculation of your disability benefits based on your work history. However, you should still inform the Social Security Administration about any significant changes in your marital status or income sources.
And, if you are applying for Supplemental Security Income, you are required to inform the SSA of all unearned income, including alimony payments.
Alimony payments usually don’t affect Social Security Disability Insurance (SSDI) benefits, but they can impact Supplemental Security Income (SSI) benefits.
SSDI benefits are based on your work history, not your income. Alimony is considered unearned income, so it doesn’t count toward your SSDI benefit. However, if you’re ordered to pay alimony, your SSDI benefits could be garnished.
SSI benefits are based on your income, including alimony payments. If you receive alimony, your SSI benefit might decrease.
If your alimony payments change while you are receiving disability benefits, you should contact an attorney specializing in family law immediately to discuss your options and potentially file a petition with the court to modify your alimony agreement. A significant change in your financial situation due to disability could warrant either an increase or a decrease in your alimony payments, depending on your specific circumstances.