Q: My wife and I are both disabled I am on sddi she is on ssi we are considering divorce so she can draw a higher amount
We can't make it on our current income with food and gas prices rising we have no children or property
A: I cannot give any insight on what benefits will be available while married or after divorce, but if you are both in agreement to get divorced you can file an uncontested or simplified divorce. You should speak with a professional specializing in social security benefits to assist you before making the decision to divorce. If you are going to divorce you should also speak with a wills trusts and estates attorney to assist you.
Your SSDI will not be impacted because it is based on your work history (regardless of income/assets).
However your wife's SSI could negatively be impacted by being married because part of your income may be being "deemed" to her and therefore can result in her receiving a lower monthly SSI benefit. This is sometimes referred to as the "marriage penalty" and is unfortunate.
In 2022, the maximum SSI monthly benefit is: $841/mo. In 2023 that will increase to $914/mo.
If your wife has no other income sources and is making less than the maximum benefit, speak with an experienced SSA-focused attorney to discuss next steps and whether getting a divorce would be helpful.
If you do get a divorce, remember that proper estate planning is important. For example, if you have a power of attorney, in Florida that POA becomes null upon divorce (unless the POA specifies otherwise).
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