Marriage, though a beautiful thing, can lead to various complications when it comes to taxes and government benefits. Social Security, in particular, can be rather vexing, so it’s important to keep abreast of the various rules governing the disbursement of benefits. If you are currently receiving Social Security disability insurance (SSDI) and are about to get married or have been married in the recent past, you may want to do some research to see if your new partnership affects your ability to receive funds. The following is a primer touching on some of the effects of marriage on SSDI benefits.
Marriage
To begin with, if your SSDI is linked to your own work history, marriage most likely won’t affect your ability to get benefits. So, no matter what your spouse’s financial situation is, the disbursal of your SSDI will (most likely) not be affected – as long as your benefits are based on your own record. However, if your benefits correspond to your parents’ work history (or someone else’s record) then you will most likely lose your benefits after you are married – unless your partner also receives SSDI based on their parents’ record. In such a circumstance, the benefits will continue to flow to both you and your partner.
Re-marriage After Spouse Passes
Marriage is one thing, but re-marriage is something else entirely when it comes to SSDI. There are a few requirements to keep in mind as you move forward into a new marriage. For one, it’s important to know that if your spouse has passed away, you are entitled to the continued use of their SSDI benefits – or, put another way, you can collect SSDI benefits based on their work history. However, if you find yourself remarried prior to the age of 60, the SSDI will likely be affected. As long as you remarry after you turn 60-years old, you can continue to collect benefits based on your former partner’s work record. But if you remarry before 60, the benefits will likely be cut off. Of course, if you don’t remarry at all, the stream of benefits will probably remain unaffected.
And if you happen to be disabled, the cut-off age is 50 – meaning your benefits won’t be affected if your new marriage occurs after you turn 50. If you remarry prior to turning 50 and are disabled, you will likely not be able to collect your former spouse’s benefits.
Re-marriage After Divorce
The rules are different when it comes to divorce. If you have been married and divorced, you can continue collecting SSDI benefits based on your partner’s work history under a few conditions: for starters, you need to have been married for at least ten years in order to receive your ex-spouse’s benefits. Secondly, your former spouse (and SSDI recipient) needs to have been at least 62 years of age at the time of the divorce. If these two conditions are satisfied, you are in the clear to continue collecting the SSDI benefits of your former partner.
But if you choose to remarry, after the divorce, you will likely be cut-off from your former spouse’s SSDI benefits.
The Implications of Obergefell v. Hodges
Prior to June 26th, 2015, the status of married gay couples was not recognized by federal programs because it was deemed a matter of state jurisdiction. But after Obergefell v. Hodges, the Supreme Court decision declaring gay marriage a constitutional right, gay marriage has been welcomed into the realm of SSDI benefits, meaning the above-mentioned rules (and benefits) apply to same-sex couples.
It should be noted that for a variety of reasons, heterosexual couples tend to receive more Social Security funding than their homosexual counterparts. According to a Financial Engines study, this is due to the fact that heterosexual couples tend to be more age-diverse, which leads to greater benefits.
If you are dealing with SSDI-related issues, it may be a good idea to consult an attorney with experience in Social Security benefits. He or she will be able to guide you through this somewhat complicated process.
