Can I Collect Disability from My Ex-Husband?
Divorce can be a complex and emotional process, and it often brings about various financial considerations. One common question that arises in many divorce cases is whether a person can collect disability benefits from their ex-husband. The answer to this question depends on several factors, including the nature of the disability, the terms of the divorce agreement, and the specific laws and regulations in the jurisdiction where the divorce took place.
Understanding Disability Benefits
Disability benefits can come in various forms, such as Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), or private disability insurance. To determine whether you can collect disability from your ex-husband, it is crucial to understand the type of disability benefits you are seeking.
SSDI and Divorce
If you are eligible for SSDI, you may be able to collect benefits from your ex-husband’s work record under certain circumstances. According to the Social Security Administration (SSA), you can receive SSDI benefits on your ex-husband’s record if:
1. You are the ex-spouse of someone entitled to SSDI or retirement benefits;
2. You were married to your ex-husband for at least 10 years;
3. You are unmarried;
4. You are not entitled to higher benefits on your own record;
5. You are age 62 or older.
If you meet these criteria, you can apply for SSDI benefits based on your ex-husband’s work record. However, it is important to note that the SSA will consider the amount of time you were married and the number of children you had together when determining the amount of benefits you are eligible to receive.
SSI and Divorce
SSI benefits are needs-based and are not contingent on a person’s work history. Therefore, you cannot collect SSI benefits from your ex-husband’s record. However, if you were living with your ex-husband at the time of his disability and you are unable to work due to a disability, you may be eligible for SSI benefits based on your own income and resources.
Private Disability Insurance and Divorce
If your ex-husband had private disability insurance, the terms of the policy will determine whether you can collect benefits. Typically, private disability insurance policies do not provide coverage for an ex-spouse. However, some policies may offer benefits to a former spouse if they were covered under the policy during the marriage. It is essential to review the policy’s terms and conditions to understand your rights.
Legal Advice and Documentation
Navigating the complexities of disability benefits in a divorce can be challenging. It is advisable to consult with an attorney who specializes in family law to understand your rights and options. Additionally, gather all necessary documentation, such as your divorce decree, proof of your ex-husband’s disability, and any relevant insurance policies, to support your claim.
In conclusion, whether you can collect disability from your ex-husband depends on the type of benefits you are seeking, the terms of your divorce agreement, and the specific laws in your jurisdiction. It is crucial to seek legal advice and review all relevant documentation to determine your eligibility and ensure you receive the benefits you deserve.
