Will Marriage, Divorce, or Living Together Affect My Disability?

Marriage, divorce, or living together can affect disability benefits in a number of ways, increasing or decreasing your benefits, as well as altering your access to state-sponsored healthcare. These changes in marital status can impact SSI and SSDI due to changes in your household income caused by your partner’s income. Each situation, whether getting married, divorced, or cohabiting, has its own rules and implications for benefits, and knowing these will help you avoid unexpected changes and plan for changes in your financial support.

Disability and Marriage Rules: Key Takeaways

Marriage, divorce, and cohabiting can affect your disability benefits, especially if you get needs-based benefits like SSI. Knowing the rules and getting professional advice will help you navigate these changes without losing your benefits. Here are the key takeaways:

• SSDI benefits are based on your work history and are not affected by your marital status or living arrangements.
• SSI benefits are needs-based and can be reduced or eliminated if your spouse’s or partner’s income and assets are available to you.
• Divorce can increase your SSI benefits if your former spouse’s financial resources were reducing your payment.
• Marriage or living with a partner can decrease your SSI benefits due to “in-kind support and maintenance.”
• Proper legal and financial planning, including Special Needs Trusts, is crucial for protecting your benefits during big life changes.

What Happens To Your Disability Benefits When You Get Married?

Getting married can have different effects on your disability benefits depending on whether you currently receive SSDI or SSI. It’s important to know how your benefits will change so you can make informed decisions about your marital status.

Getting Married While on Social Security Disability Insurance (SSDI) Benefits

Getting married does not usually change the amount of your Social Security Disability Insurance (SSDI) benefits. SSDI benefits are based on your work history and the amount you’ve paid into Social Security through payroll taxes, and because SSDI is not a needs-based program, your spouse’s income and assets do not affect your eligibility or benefit amount. However, if you owe child support or alimony, your SSDI benefits can be garnished to pay those debts. Be sure to report any changes in your marital status to the Social Security Administration so your records are current. Your combined income after marriage won’t reduce your SSDI benefits amount.

Getting Married While on SSI Benefits

Supplemental Security Income (SSI) benefits can be greatly affected by marriage. SSI is a needs-based program that awards financial support regardless of work history but takes a strict look at your income and assets.

When you get married, the income and assets of one spouse are considered available to the other, which can reduce or eliminate your SSI benefits. The Social Security Administration has a process called “deeming” to determine how much of your spouse’s income will be considered yours, and if your spouse has a lot of income, you may not be eligible for SSI. You need to know these rules and consult with an SSI attorney to navigate the marriage and how it will impact your SSI benefits.

Getting Married on Disability: Frequently Asked Questions

Question #1: Will My Upcoming Marriage Affect My Disability?

One woman wrote us to ask whether her upcoming marriage could hurt her disability payments. She didn’t specify whether she got Supplemental Security Income (SSI) or Social Security disability insurance (SSDI) benefits each month, but the type of benefits you receive does change whether your marriage will impact those benefits.

If you currently receive SSDI or apply for those benefits, then no, marriage makes no difference. That’s because the SSDI program only looks at your current income when you apply, not your spouse’s. So, your combined income after marriage won’t make your SSDI payment any lower each month. It also won’t make you ineligible to receive SSDI payments.

If you get SSI payments, on the other hand, then you should think long and hard about marriage. That’s because SSI counts both you and your spouse’s income towards the total limit of $1,415 per month. If you marry and your husband’s monthly salary pays more than that, you could lose your SSI benefits. But that’s not the only reason to worry. If your new husband’s paycheck and your SSI payments combined add up to more than $1,550/month, you’ll lose your benefits.

Question #2: What is the maximum income limit for a married couple on SSI?

As of 2024, the maximum income for a married couple on SSI is $1,415 per month. This is lower than the combined individual limit for two single people on SSI because married couples can live more economically together. If your income and your spouse’s income exceed this limit, your SSI benefits may be reduced or eliminated. Be sure to report all income to the Social Security Administration so your benefits are calculated correctly.

Question #3: What is the asset limit for a married couple on SSI?

The asset limit for a married couple on SSI is $3,000, compared to $2,000 for an individual. This includes countable resources such as bank accounts, stocks, bonds, and property other than your primary residence. If your combined assets exceed this limit, you may not be eligible for SSI benefits. Be sure to monitor your assets and consult with an SSI attorney to know which resources are countable and how to manage your finances to stay eligible for SSI.

What Happens To Your Disability Benefits When You Get Divorced?

Divorce can impact your disability benefits, especially if you have a disabled spouse, depending on whether you get SSDI or SSI. Knowing how these benefits are affected can help you make informed decisions during this tough time.

Getting Divorced While on SSDI Benefits

Social Security Disability Insurance (SSDI) benefits are based on your work history and how much you’ve paid into Social Security through payroll taxes. Because SSDI is not a needs-based program, getting divorced won’t affect the amount of your SSDI benefits. But if you’re ordered to pay alimony or child support, those payments can be taken out of your SSDI benefits. Be sure to notify the Social Security Administration of your change in marital status so your records are accurate and up to date for both SSDI and potential retirement benefits.

Getting Divorced While on SSI Benefits

Supplemental Security Income (SSI) benefits can be impacted by divorce. Since SSI is a needs-based program, your benefits are calculated based on your income and assets. When you divorce, the division of marital property can impact your SSI benefits. Your spouse’s income and assets are no longer considered available to you which can increase your SSI benefits if their income was reducing your payment. But if you receive alimony, that income will be counted towards your SSI eligibility and could reduce your benefits. Be sure to notify the Social Security Administration and consult with an SSI attorney to get your SSI benefits reinstated after the divorce process.

Getting Divorced on Disability: Frequently Asked Questions

Question #1: How Does Alimony Impact My SSI Benefits?

Paying spousal support can affect your SSI benefits in different ways depending on whether you’re paying or receiving it. If you receive alimony, it’s considered unearned income and will be counted towards your SSI eligibility. This additional income could reduce your SSI benefit or make you ineligible if it exceeds the income limits.

If you’re paying alimony, your payments aren’t directly taken out of your SSI benefits, and your SSI is exempt from garnishing. But be sure to manage your finances so paying alimony doesn’t affect your ability to meet the SSI income and resource limits.

Question #2: Can I Apply for My Ex-Husband’s Benefits Instead of My Recently Deceased Spouse?

Another reader wrote in and said she currently receives disability payments through her husband who passed away in 2016. However, her marriage to her first husband lasted 21 years. Could she draw those disability benefits instead?

While you can draw your ex-husband’s benefits if your marriage lasted at least 10 years, unfortunately, that doesn’t apply here. You can only apply for spousal benefits after divorce if you never remarried. Since this reader now draws the survivor’s disability from her second husband’s work record, she cannot draw the ex’s SSD benefits. If she stayed single, then yes, she could apply for her ex-husband’s benefits once she turns 62 years old. Parents with a child younger than 16 years old at home can qualify for spousal disability benefits at any age.

Question #3: Can My Disability Payments Go Up When I Get Divorced?

Yes, your SSI payments can go up after a divorce. Since SSI is a needs-based program, your benefits are calculated based on your income and assets. When you divorce, your spouse’s income and assets are no longer considered in the calculation of your SSI benefits. If your spouse’s income was reducing your SSI payment, the removal of that deemed income could increase your SSI benefits. Be sure to notify the Social Security Administration so they can recalculate your benefits based on your new situation.

The Impact of Living Together Without Marriage on Social Security Benefits

Living together without being married can also affect your disability benefits, especially if you receive SSI. It’s important to know how cohabiting can impact your benefits so you can make informed decisions about your living arrangements.

Living Together and SSDI Benefits

Cohabiting without being married does not affect Social Security Disability Insurance (SSDI) benefits. SSDI benefits are based on your work history and contributions to Social Security and are not affected by your living arrangements or the income of a cohabiting partner. You don’t need to report living together to the Social Security Administration for SSDI purposes. But still, be sure to keep your records up to date with any significant changes in your situation.

Living Together and SSI Benefits

For Supplemental Security Income (SSI), living with someone who is not your spouse can affect your benefits. If you live with someone and share household expenses, the Social Security Administration will consider some of their income as available to you. This is called “in-kind support and maintenance”. If your partner pays for your food or housing, your SSI benefits will be reduced accordingly. Be sure to report your living arrangements accurately to the Social Security Administration so your Social Security disability benefits are calculated correctly.

Living Together and Disability: Frequently Asked Questions

Question #1: The SSA Reduced My Benefits Because I’m Living With My Boyfriend. Can They Do That?

Another reader noticed her monthly SSI payment went down and called her local Social Security office to ask why. They said that because she and her boyfriend lived “as man and wife,” they had to cut her benefits. “But we’re not married, we just live together! Can they do that? Is this legal?” she asked us. Unfortunately, yes. The SSA can reduce your monthly SSI if you live with your partner. It doesn’t matter if you’re legally married, a same-sex couple, or whether your state recognizes common-law marriage.

Here’s why: Unless your boyfriend has no income and you pay all bills, his paycheck counts against you. Even if you live rent-free in your brother’s house or have roommates, the SSI program calls that “in-kind support.” Anything that people give you for free counts towards your monthly SSI income limit. That includes things like your mom driving you to the doctor, free after-church lunches or shared water bills.

Question #2: Do I Need to Report Living Together to Social Security?

Yes, if you receive SSI, you need to report any changes in your living arrangements to the Social Security Administration. Accurate reporting ensures your benefits are calculated correctly based on your situation.

How Concurrent Benefits Are Affected By Marriage and Divorce

Receiving concurrent benefits, like SSDI and SSI, adds another layer of complexity when your marital status changes. Understanding how these benefits interact is key to your financial stability.

When you receive both SSDI and SSI, changes in your marital status affect your SSI benefits but not your SSDI or social security retirement benefits. SSDI is based on your work history so it’s not affected by marriage or divorce. But SSI is needs-based and considers your household income and assets. If you get married, your spouse’s income and assets will reduce your SSI benefits. If you divorce, your former spouse’s income is no longer available to you so your SSI benefits may increase. Be sure to report any changes in your marital status to the Social Security Administration and consult with a knowledgeable attorney to understand how concurrent benefits will be affected.

Special Considerations for Disability Benefits and Relationships

Various relationship statuses, such as domestic partnerships and civil unions, can impact your disability benefits. It is important to understand how these different arrangements may affect your eligibility and benefit amounts.

Effect of Domestic Partnerships and Civil Unions on Disability Benefits

Domestic partnerships and civil unions affect Supplemental Security Income (SSI) benefits like marriage. If you enter into a domestic partnership or civil union and live together, your partner’s income and assets will be considered available to you. If their income and assets exceed certain limits, that can reduce or eliminate your SSI benefits. The Social Security Administration will consider their contributions to household expenses as in-kind support which will affect your benefit amount. For Social Security Disability Insurance (SSDI) these arrangements do not affect your benefits as SSDI is not needs-based.

Medicaid and Relationship Status

Medicaid eligibility can be affected by your relationship status especially if you are in a domestic partnership or civil union. Medicaid is a needs-based program and your partner’s income and assets will be considered when determining your eligibility. This is similar to how SSI benefits are calculated. Check with your state for specific rules regarding Medicaid and relationship status as they vary. Consult with a knowledgeable attorney or Medicaid specialist to understand the impact on your benefits.

Deeming of Spousal Income for SSI

When you are married or in a relationship, the Social Security Administration recognizes as equivalent to marriage, your spouse’s income is deemed available to you for SSI purposes. That means part of your spouse’s income is counted as your own which can reduce your SSI benefits or make you ineligible if their income exceeds the limits. Deeming involves calculating a portion of your spouse’s income as available to you and affecting your overall benefit amount. Understanding this process is key to managing your finances.

How to Plan for the Legal and Financial Impact of Marriage and Divorce on Disability Benefits

Proper legal and financial planning is critical when managing your disability benefits, especially during major life events like marriage or divorce. Knowing how to establish Special Needs Trusts and seek legal advice will help protect your benefits.

Establishing a Special Needs Trusts in Divorce

A Special Needs Trust (SNT) can be a powerful tool to protect assets and maintain eligibility for means-tested benefits like SSI and Medicaid during and after divorce. Property division in a divorce can be managed through a court-ordered SNT, ensuring that assets held in trust for the benefit of a person with disabilities are not counted towards SSI or Medicaid eligibility limits. When dividing marital assets in a divorce, a court-ordered SNT can ensure the person with disabilities remains eligible for benefits. Work with an experienced attorney to set up the trust correctly and follow federal and state rules.

Legal Advice for Managing Benefits and Marital Status

Managing disability benefits is complex and requires professional legal advice, especially when marital status changes. An attorney can help you understand the impact of marital status changes on a disabled spouse’s ability to receive benefits. They can also help you understand how marriage, divorce, or cohabitation will affect your SSDI and SSI benefits. Additionally, they can assist in setting up Special Needs Trusts, managing alimony and spousal support, and protecting your benefits. Get legal advice to get clarity and make informed decisions about your financial future.

Work With an SSD Lawyer or Financial Planner to Prepare For Marriage or Divorce

Marriage, divorce or living arrangements can impact disability benefits. Knowing the SSI and SSDI rules for marital status will help you stay financially stable. By staying informed and proactive, you can better manage your disability benefits and maintain your financial well-being.