< Back to Social Security Administration

Will my disabled son's SSDI benefits decrease if my ex-spouse claims on my Social Security record?

I retired last year and my adult son (31) receives SSDI benefits based on my work record due to his disability that began before age 22. My ex-spouse and I were married for 23 years before divorcing in 2016, so I know they're eligible to claim spousal benefits on my record. I'm concerned about how this might affect my son's benefits. If my ex decides to file for benefits on my record, would that reduce the amount my son currently receives? I've heard about the family maximum benefit, but I'm not sure if an ex-spouse counts against that limit or if they're calculated separately. Any guidance would be really appreciated!

Ethan Brown

•

dont worry ur x spouse bennefits are calulated different than family maxium... they dont take away from your sons ssdi at all

0 coins

Thank you! That's such a relief to hear. So the family maximum only applies to those currently in my household? I've been so worried about this.

0 coins

Yuki Yamamoto

•

Your ex-spouse's benefits won't affect your disabled adult child's SSDI payments. The family maximum benefit (FMB) applies to benefits paid to you and your dependents (including your disabled son), but ex-spouse benefits are paid independently and don't count against that maximum. They're essentially calculated separately. Your son's benefits are protected as long as he continues to meet the disability requirements. If you have other current dependents collecting on your record, then the family maximum would be shared among you, your son, and those dependents - but not your ex-spouse.

0 coins

That's wonderful news. My son's benefits are so important for his care and support. Is there anything I need to do when my ex-spouse files, or does the SSA handle all of this automatically?

0 coins

Yuki Yamamoto

•

The SSA handles all the calculations automatically. You won't need to do anything when your ex-spouse files. Your son's benefit amount will remain unchanged regardless of when or if your ex decides to file for divorced spouse benefits on your record. The systems are set up to keep these benefits separate.

0 coins

Carmen Ruiz

•

MY EX TRIED THIS AND IT WAS A NIGHTMARE!!! SSA got everything confused and they actually reduced my daughter's payments by mistake!! Took 3 MONTHS to fix and she almost couldn't pay rent. Don't trust that they'll get it right automatically!

0 coins

Andre Lefebvre

•

Oh gosh that sounds awful! Was this recently? I hope your daughter is okay now!

0 coins

Carmen Ruiz

•

Yeah this was just last year. They fixed it eventually and gave her the back pay but it was SO stressful. The SSA people kept saying different things every time we called. One would say it doesn't affect anything, then another would say there was a "system issue." I'd document EVERYTHING if I were you.

0 coins

Zoe Dimitriou

•

Former SSA employee here. To clarify exactly how this works: Divorced spouse benefits and family maximum calculations are completely separate systems. When your ex-spouse claims benefits on your record, they receive 50% of your PIA (Primary Insurance Amount) if they file at their full retirement age. This benefit comes directly from SSA's trust fund, not from your individual benefit amount or family maximum pool. The family maximum (typically 150-180% of your PIA) only applies to benefits paid to you and your current dependents. Your disabled adult child would only see a reduction if you have other current dependents (like a current spouse or other children) also collecting auxiliary benefits that, when combined, exceed the family maximum limit.

0 coins

Carmen Ruiz

•

Then why did they mess up my daughter's benefits when my ex filed? The rep LITERALLY told me it was because the computer system applied the family maximum wrong when my ex's claim got processed. They fixed it eventually but said it happens sometimes!

0 coins

Zoe Dimitriou

•

Unfortunately, processing errors can occur, especially with complex cases. The system is designed to handle these situations correctly, but mistakes happen with manual processing or outdated record linkages. That's why it's always important to monitor your benefits after any change and contact SSA promptly if you notice discrepancies. What happened was a processing error, not how the policy is supposed to work.

0 coins

QuantumQuest

•

just went thru this with my disabled daughter! ur ex's benefits are separate, they dont count against family maximum, so your son should be totally fine. but maybe call ssa and make a note on your record about your concern, just to be safe? my daughter's benefits stayed exactly the same when my ex started collecting.

0 coins

Thanks for sharing your experience! It's reassuring to hear from someone who's been through this exact situation. Did you just call the regular SSA number to make a note on your record?

0 coins

Jamal Anderson

•

I had the hardest time getting through to SSA when I needed to check on something similar with my benefits! After trying for WEEKS with the regular number and getting nowhere, I found this service called Claimyr (claimyr.com) that got me connected to an agent in under 10 minutes. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU Totally worth it to actually talk to someone who could explain my family maximum calculation and confirm nothing would change. Gave me such peace of mind instead of guessing what might happen.

0 coins

Thanks for the recommendation! I've been trying to get through on the phone without luck. It would be great to talk to someone directly about my specific situation.

0 coins

Ethan Brown

•

does this really work? i spent 3 hrs on hold last month and then got disconnected!

0 coins

Jamal Anderson

•

Yes, it actually works! I was skeptical too because I'd been disconnected multiple times after long waits. The service basically navigates the phone system for you and calls you once they have an agent on the line. Saved me hours of frustration.

0 coins

Andre Lefebvre

•

My brother is on SSDI and we went through something similar when our parents divorced. The benefits stayed exactly the same! I think SSA has separate calculations for divorced spouses vs. family members.

0 coins

That's great to hear, thank you! It sounds like this situation is more common than I realized.

0 coins

Carmen Ruiz

•

Just make sure you keep an eye on the benefit amounts after your ex files!!! Print out or screenshot the current benefit statement so you have proof of the before amount in case something goes wrong. Trust me on this one.

0 coins

That's very good advice - I'll definitely document everything. Better safe than sorry. I really appreciate the tip!

0 coins

Yuki Yamamoto

•

One additional point worth mentioning: While your ex-spouse's claim won't affect your son's benefits, if you have any other current family members receiving benefits on your record (like a current spouse or other children), all of you would be subject to the family maximum limit. In that case, benefits might be adjusted proportionally among current beneficiaries to stay within the maximum - but again, this would never include your ex-spouse's benefits, which are calculated separately.

0 coins

Thankfully it's just my son receiving benefits on my record right now. My current wife has her own Social Security from her work history. This all makes much more sense now - I really appreciate everyone's help!

0 coins

TaxRefund AI

Expert Assistant
Secure

Powered by Claimyr AI

T
I
+
6,872 users helped today