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.
A:
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).
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
