Can Ex-Spouse Receive Disability Benefits?
Disability benefits are designed to provide financial support to individuals who are unable to work due to a medical condition or injury. However, when it comes to ex-spouses, the question arises: can an ex-spouse receive disability benefits from their former partner’s policy? The answer depends on several factors, including the type of disability benefits, the terms of the divorce agreement, and the specific laws in the state where the couple resides.
Types of Disability Benefits
There are two main types of disability benefits that an ex-spouse might be eligible for: Social Security Disability Insurance (SSDI) and private disability insurance. SSDI is a federal program that provides benefits to individuals who have worked and paid into the Social Security system. Private disability insurance is offered through employers or purchased individually and varies in terms of coverage and eligibility requirements.
Eligibility for SSDI
An ex-spouse may be eligible for SSDI benefits if they meet the following criteria:
1. They were married to the disabled worker for at least 10 years.
2. They are at least 62 years old.
3. They are unmarried or have not remarried after age 60.
4. They have not earned enough on their own to qualify for SSDI benefits.
If the ex-spouse meets these requirements, they can apply for SSDI benefits based on their former spouse’s work record. However, it’s important to note that the ex-spouse’s own work history will not affect their eligibility for SSDI benefits.
Private Disability Insurance
Private disability insurance policies vary in terms of coverage and eligibility. Some policies may offer ex-spouses the option to continue receiving benefits after a divorce, while others may not. It’s essential to review the specific terms of the policy to determine if an ex-spouse is eligible for continued benefits.
Divorce Agreement
The terms of the divorce agreement can also impact an ex-spouse’s eligibility for disability benefits. If the divorce settlement includes a provision for disability benefits, the ex-spouse may be entitled to receive a portion of the disabled worker’s benefits. However, if the agreement does not address disability benefits, the ex-spouse may not be eligible for any benefits from their former partner’s policy.
State Laws
State laws also play a significant role in determining whether an ex-spouse can receive disability benefits from their former partner. Some states have specific laws that allow ex-spouses to receive a portion of their former spouse’s Social Security benefits, while others do not. It’s crucial to consult with a legal professional to understand the state-specific laws and regulations.
Conclusion
In conclusion, whether an ex-spouse can receive disability benefits from their former partner depends on various factors, including the type of disability benefits, the terms of the divorce agreement, and the state’s laws. It’s essential for ex-spouses to review their specific situation and consult with a legal professional to determine their eligibility for disability benefits. By understanding the available options, ex-spouses can make informed decisions regarding their financial future.
