Supplemental Security Income (SSI) provides a safety net for certain people. Those who have limited income and resources and are either 65 or older, blind, or have a qualifying disability rely on these checks. Since this is a need-based program, the Social Security Administration (SSA) will look at your financial situation to see if you qualify.
What is the impact of marriage, relationships, or divorce on SSI eligibility and benefit amounts? These changes in your personal life can also change your benefits. In some cases, it can mean a lower monthly amount or losing eligibility. Here is what you need to know to avoid surprises.
Does Marriage Affect SSI Benefits?
When you get married, your combined household finances can be a factor for Supplemental Security Income eligibility. The SSA uses a system called spousal deeming. This counts your spouse’s income and resources the same as if they were yours.
So, your benefits may be reduced if your spouse earns more than the allowable income limits for SSI. In some situations, when they earn more, you could become ineligible.
Remember that the monthly SSI amount for a married couple is lower than what two individuals would receive separately. Currently, the maximum federal SSI payment for an eligible individual is $943 per month. For a married couple where both spouses are eligible, the maximum combined payment is $1,415.
But the resource limit is a bit higher for couples. While individuals can have up to $2,000 in countable assets, couples are allowed up to $3,000.
What About Other Situations?
Not all couples are married, and you would think that living together without a marriage license would not affect SSI benefits. But unfortunately, that is not always the case.
If you act as a married couple, the SSA could decide that you and your partner are a couple. In these scenarios, they will apply those spousal deeming rules. In other words, they will treat your partner’s income and assets as if you were married. How does the SSA determine this? They will look at:
- Whether you share household bills and expenses
- Whether you refer to each other as husband, wife, or spouse
- Joint ownership of property or accounts
- How you and your spouse are listed on official records or applications
If your life together looks and functions like a marriage, you and your spouse’s income can both be considered when applying for SSI benefits.
How Is Divorce Handled with SSI Benefits?
Ending a marriage can also change your SSI eligibility and amount. However, this can work in your favor.
Once you are legally divorced or separated and living apart, your ex-spouse’s income and resources will no longer count toward your eligibility. If your income and assets are within SSI limits, you may see your benefits go up. Sometimes, you may become eligible again if you had lost benefits during your marriage.
But keep in mind that the change is not automatic. You must report the divorce or separation to the SSA and provide documentation.
You Need to Make Reporting Changes Right Away
Since SSI is a need-based program, you must report any changes in your living arrangements, marital status, or income. This must be done within 10 days after the end of the month in which the change occurred.
If you fail to do this, you could face overpayments. And if the SSA later finds out your benefits should have been lower, they will ask for the money back.
Along with that, there are penalties. Late reporting can lead to the temporary suspension of benefits. For this reason, you should reach out to a Tennessee SSI lawyer to help make these changes.
We Can Assist with SSI Changes
Marriage, cohabitation, and divorce can reshape your SSI eligibility and payment amount. Depending on your situation, your benefits may go up, go down, or stop when your relationship status changes. You don’t want to deal with any of these surprises.
Fortunately, with the help of an experienced Tennessee Social Security lawyer, you can plan ahead. At Easter & DeVore, Attorneys at Law, we are ready to assist with your claim. Whether you need to apply as a first-time applicant or need to make status changes, reach out to us. Schedule your consultation today.
