Can the Spouse of My Children Receive SSDI?

If an insured worker is disabled or dies while receiving SSDI benefits, the spouse (or divorcing spouse) can receive benefits if they care for at least one disabled child (or both if the disabled child has reached age 22). These benefits are also known as “mother’s or father’s benefits.” For benefits for a divorcing spouse, the ten-year rule does not apply.

Social security payments may continue to be available to the spouse if the spouse continues to care for a child even after 16. To continue receiving Social Security disability benefits, you must inform Social Security that your spouse has parental control and responsibility for a child with a mental disability or that you care for a child who is physically disabled. Notice: A disability that occurred after age 22 must be documented if you provide care for a child with disabilities. See our article about father’s and mother’s benefits for more information.

If you receive benefits for caring for a child younger than 16 and you work, Social Security may reduce your benefits. This reduction happens if you earn more than a certain amount for the year. This limit is $18,960 ($1,580/month) for 2021. Your spousal benefits will be reduced by $1 for every $2 you earn above this limit. This cap means that the benefit will be eliminated for high-earners. These specific benefits can be a little confusing so consulting with a social security lawyer is essential.