Yes, you can receive both SSDI and alimony
Social Security Disability Insurance (SSDI) and alimony are separate legal obligations that do not automatically cancel each other out. You can receive both at the same time. SSDI is a federal insurance program based on your work history; alimony is a court-ordered payment from your former spouse based on your marriage and divorce settlement. The two systems do not communicate with each other, so receiving one does not stop the other.
However, the relationship between these two payments becomes complicated when your SSDI amount is calculated, and it can affect how much money you actually take home each month. Understanding how they interact is important before you assume you will receive the full amount of both.
Key Takeaways
- SSDI and alimony are separate programs, and receiving one does not automatically disqualify you from the other.
- Alimony payments do not reduce your SSDI benefit amount, but they do reduce your take-home pay if you are receiving both.
- If you become disabled after your divorce, your alimony obligation may continue unless your divorce decree or state law allows modification based on disability.
- You should report any changes in your income or living situation to Social Security, as they may affect other benefits you receive alongside SSDI.
- The rules differ depending on whether you are paying alimony or receiving it, and whether you are on SSDI as a worker or as a spouse or ex-spouse.
How SSDI and alimony payments work separately
SSDI is calculated based on your lifetime earnings record and the age at which you became disabled. Social Security does not reduce your SSDI benefit because you are paying alimony or receiving it. Your monthly SSDI check is the same whether or not alimony is part of your financial picture.
Alimony is a court-ordered payment from one former spouse to another, set by a judge or agreed to in a divorce settlement. It is based on factors like the length of the marriage, each person's income at the time of divorce, and the standard of living during the marriage. Alimony does not come from Social Security—it comes directly from your former spouse or, in some cases, is enforced through wage garnishment or bank levies.
Because these two payments come from different sources and are governed by different laws, receiving SSDI does not change your alimony obligation, and paying or receiving alimony does not change your SSDI amount.
What happens to your take-home pay when you receive both
While SSDI itself is not reduced by alimony, your actual monthly income is affected. If you are paying alimony, that money comes out of your total income—whether it comes from SSDI, work, or other sources. If you are receiving alimony, it adds to your total monthly income.
This matters for other benefits you might receive alongside SSDI. For example, if you also receive Supplemental Security Income (SSI), which is a needs-based program, alimony you receive counts as income and may reduce your SSI payment. Similarly, if you receive Medicare or Medicaid, changes in your total income could affect your coverage or out-of-pocket costs.
If you are paying alimony, you will need to budget for that payment from whatever income you have. If your SSDI is your only income and you are required to pay alimony, you may face financial hardship. In that situation, you can ask the court to modify your alimony obligation based on your changed circumstances—disability and loss of work income are grounds for modification in most states.
Modifying alimony when you become disabled
If you were ordered to pay alimony before you became disabled, you may be able to ask the court to reduce or stop that obligation. Most states allow modification of alimony when there is a substantial change in circumstances, and becoming disabled and losing your income is considered a substantial change.
To request a modification, you will need to file a motion with the court that issued your original divorce decree. You will need to show proof of your disability—your SSDI award letter is strong evidence—and demonstrate that your income has decreased significantly. The court will then decide whether to reduce, suspend, or terminate your alimony obligation.
The process and timeline vary by state. Some courts handle modification requests quickly; others may take several months. You should consult with a family law attorney in your state to understand your options, as the rules differ depending on whether your state views alimony as modifiable based on disability.
If you receive alimony and become disabled
If you are receiving alimony and then become disabled, your alimony payments do not automatically stop. Your former spouse is still legally obligated to pay unless they ask the court to modify the order. However, if your former spouse becomes disabled and their income drops significantly, they may ask the court to reduce or stop their alimony obligation to you.
Alimony you receive counts as income for purposes of SSI and other means-tested benefits. If you are receiving both SSDI and SSI, the alimony will reduce your SSI payment dollar-for-dollar after the first $65 of unearned income per month. This is an important detail to understand when calculating your total monthly benefit.
If your former spouse stops paying alimony, you can enforce the order through the court system or through your state's child support enforcement agency, which also handles alimony enforcement in many states. You should report any changes in alimony payments to Social Security if you also receive SSI, as this affects your benefit calculation.
SSDI as a spouse or ex-spouse versus as a worker
The rules are slightly different depending on how you may have access to for SSDI. If you are receiving SSDI as a disabled worker (based on your own work record), alimony does not affect your benefit amount. If you are receiving SSDI as a spouse or ex-spouse of a worker (sometimes called "spousal SSDI"), the situation is more complex.
If you are receiving spousal SSDI and you are also paying alimony to another person, your SSDI benefit itself is not reduced. However, if you are receiving alimony from someone other than the worker whose record you are on, that alimony counts as income and may affect other benefits you receive.
You should contact Social Security directly to discuss your specific situation if you are receiving spousal SSDI and have alimony obligations or income. Social Security can explain how your particular combination of benefits and payments will be calculated.
Reporting changes to Social Security
You are required to report certain changes to Social Security, and changes in alimony payments may fall into that category depending on your situation. If you receive SSI along with SSDI, any change in alimony income or payments must be reported because SSI is income-based.
If you are paying alimony and your SSDI is your only income, you should document this for the court if you later seek modification of your alimony obligation. Keep records of your SSDI award letter, your monthly benefit statements, and any alimony payment records.
If your alimony obligation changes—either because the court modifies it or because you and your former spouse agree to a change—you should update your financial records and notify Social Security if you also receive SSI or other need-based benefits.
Frequently Asked Questions
Does receiving SSDI stop my alimony obligation?
No. SSDI and alimony are separate legal matters. Receiving SSDI does not automatically stop your obligation to pay alimony. However, you can ask the court to modify your alimony obligation based on your disability and reduced income. The court will decide whether to reduce or stop the payments based on your changed circumstances.
If I pay alimony, will it reduce my SSDI check?
No. Your SSDI benefit amount is not reduced because you pay alimony. However, alimony payments do reduce your take-home pay because the money comes out of your total income. If you also receive SSI, alimony you receive (not pay) will reduce your SSI benefit.
Can my former spouse stop paying alimony if I become disabled?
They can ask the court to modify the alimony order, but the court must approve the change. Becoming disabled is not automatic grounds for stopping alimony in all states. Your former spouse would need to show the court that their circumstances have changed substantially. If they stop paying without a court order, you can enforce the original order through the court system.
Does alimony I receive count as income for SSDI purposes?
Alimony does not reduce your SSDI benefit itself, but it does count as income if you also receive SSI. If you receive both SSDI and SSI, alimony will reduce your SSI payment. You should report any alimony income to Social Security so your benefits are calculated correctly.
What should I do if I cannot afford to pay alimony on my SSDI?
You can file a motion with the court to modify your alimony obligation based on your disability and loss of income. Bring your SSDI award letter and benefit statements as evidence. You may want to consult with a family law attorney in your state, as the process and likelihood of success vary by location.