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Divorce becomes even more complex when you’re disabled and receiving Social Security benefits. In Texas, the intersection of disability and divorce raises important questions—how support is calculated, whether benefits can be divided, and how future income might be impacted. If you’re disabled and receiving Social Security benefits, you need to understand how these payments are treated during divorce proceedings. Knowing what’s protected, what counts as income, and how courts evaluate support obligations can help you protect your financial stability. With the right legal guidance, you can move forward confidently while securing your long-term needs.
Understand What Type of Social Security You Receive
Not all Social Security benefits work the same way. Courts treat them differently depending on the type. Start by checking which one you currently receive.
Social Security Disability Insurance (SSDI)
SSDI pays benefits to disabled workers who have paid into the system through payroll taxes. If you qualify for SSDI, your benefits are based on your earnings record. Divorce does not reduce or remove your right to these payments. However, income from SSDI may affect other parts of the divorce process, like child support or property division.
Supplemental Security Income (SSI)
SSI helps disabled individuals with limited income and resources. It’s not based on work history but on financial need. This program works differently. The court may not divide or touch SSI during divorce, but changes in living arrangements or support orders can affect eligibility.
Will the Court Count My Benefits as Income?
Texas courts often look at income when making decisions about spousal support, child support, or property division. How your benefits affect those decisions depends on which type you receive.
SSDI and Income
Courts may count SSDI as income in support calculations. This means if you receive SSDI and have children, the court may consider that income when setting child support. If you’re the parent receiving child support, SSDI could lower what your ex has to pay.
If you’re being asked to pay child or spousal support, SSDI becomes part of the total income calculation. Judges usually try to set amounts that reflect what both parties can realistically pay.
SSI and Income
Courts usually do not count SSI in support calculations. Since SSI is needs-based, adding support payments could risk losing eligibility. Judges know this and may avoid using SSI as a factor in financial decisions.
Can My Ex Get Part of My Social Security Benefits?
Generally, no. If you receive SSDI or SSI based on your own work record or disability status, your ex cannot claim any portion of your benefit. However, your ex may receive a derivative benefit if you were married for at least 10 years and they meet the age and marital status requirements.
This does not reduce your benefit. It also doesn’t require your approval. The Social Security Administration handles these claims separately, and your ex’s benefit comes from their pool, not yours.
What Happens to Disability Back Pay During Divorce?
If you receive a lump sum back payment from SSDI during or shortly before the divorce, the court may treat it as property. Courts often divide this payment as community property if it was awarded for a time during the marriage.
This depends on when the payment was earned and how the funds were used. For example, if your spouse relied on your disability payments for household expenses, a judge may decide that part of the lump sum belongs to both of you.
Disability and Property Division in Texas
Texas uses community property rules. This means that most property acquired during the marriage belongs to both spouses. This includes income, savings, and even some benefits.
If your disability income was used to purchase property, pay bills, or grow savings, that property could be subject to division. The court may divide joint accounts, cars, or a home, even if your name is the only one on the title.
If you have medical needs or a lower earning ability, the court may award you a larger share of the assets. Judges often consider health, age, and financial need during divorce.
Protecting Your Benefits and Access
1. Keep Records
Maintain clear records of your benefits, how they are spent, and what assets you’ve helped pay for. Bank statements, receipts, and medical expense logs help support your claims in court.
2. Avoid Commingling
Try not to mix disability payments with joint funds. If possible, keep SSDI or SSI in a separate account. Mixing money makes it harder to prove what should remain separate during divorce.
3. Plan for Long-Term Support
You may qualify for spousal maintenance if your disability limits your ability to work. Texas allows spousal maintenance in cases where one spouse has a physical or mental disability that prevents them from earning enough to meet basic needs.
To qualify, you must prove that your disability continues and that you cannot support yourself without assistance. The court sets maintenance amounts and duration based on your needs and the other spouse’s ability to pay.
What About Medicaid or Medicare?
Divorce can affect access to healthcare. If you rely on Medicaid or Medicare, be aware of how financial changes may impact eligibility.
- Medicare – If you receive SSDI, you likely qualify for Medicare after 24 months. Divorce does not remove this coverage.
- Medicaid – SSI recipients often receive Medicaid. If you lose SSI because of support or asset changes, you may lose Medicaid as well.
Discuss healthcare options with your attorney and caseworker before finalizing the divorce.
Parenting Plans and Disability
If you have children, your disability may raise questions about custody and parenting time. The court does not remove parenting rights because of disability alone. Still, judges will assess your ability to meet your child’s needs.
You may need to provide medical records or statements from doctors to support your case. The court may adjust the parenting plan to match your physical limits. If needed, a family member or third party may help during visits or exchanges.
Should I Hire a Lawyer?
Legal help is valuable in any divorce, but especially when disability benefits are involved. A lawyer can help you protect your income, plan for long-term support, and handle paperwork that affects your benefits.
You can also speak with a legal aid office or family law clinic if money is tight. Some nonprofits offer free or low-cost services to people with disabilities.
Final Thoughts
Divorce is difficult under any circumstances, but careful planning gives you more control—especially if you’re disabled and receiving Social Security benefits. Whether you’re on SSDI or SSI, each program has distinct rules that can affect your support obligations, benefit eligibility, and overall financial stability. Missteps during the divorce process could result in reduced income or lost benefits. If you’re disabled and receiving Social Security benefits, take time to review your records, understand how your benefits are treated under Texas law, and consult a knowledgeable attorney. Being informed and prepared can protect your rights and help you navigate the process with confidence.
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