Aug
21
2012
By Guest (not verified)
I got married. My husband works. I get partial SSI. If my husband and I were to get a divorce, would my benefits be fully reinstated?
Also, can we still live together after the divorce?
Effect of divorce on SSI benefit
This is not easy to answer in a general way. It sounds like the SSA is "deeming" some of your husband's income from wages to you, and thus reduced your SSI benefit. This can certainly happen.
If you divorce but still live with your husband, you will still have to report this living arrangement to the SSA. If you live with someone else the SSA may still reduce your benefit amount, although perhaps not as much as if you are married.
Note that the government sometimes audits recipients who hold themselves out to the public (friends and family) as married but presents themselves as not married to the government.
Please contact the SSA or other advisers before entering into a divorce for this matter.
http://socialsecurityhop.com/en/handbook/21/2167-deeming-of-income-and-r...
http://www.ssa.gov/ssi/text-income-ussi.htm
http://www.ssa.gov/ssi/text-living-ussi.htm
http://oig.ssa.gov/audits-and-investigations/audit-reports/A-01-10-11020
http://www.ssa.gov/policy/docs/issuepapers/ip2003-01.pdf
divorced but living in ex's home
I live with my ex but we are divorced and have been since 1996.We have kids together and when I started getting weak and couldn't do things on my own I moved in with him.Now I need help getting in/out of tub and other simple things.I was just awarded a FULLY FAVORABLE letter saying I won my case.But now I can't get NO benefits at all,no medical (needed ASAP bad) or anything else cause they claim I am married just cause I live with my EX.
How do I fight this,I can't move in with the kids (who wants there kid having to pick them up from a fall?) Kids are just starting own lives I would be a burden and they would hate me being there all the time.I have no other friends I can live with just my EX.Since we share kids and grandkids we never relized we would be PUNISHED for him helping me.Its not fair
Divorced but living in the same household
You don't indicate what type of Social Security benefit you're referring to (SSI, 'normal disability', retirement), but I suspect it's SSI.
SSI is meant for low-income folks and has restrictions regarding income and living arrangements. Even if you're not considered "married" to your ex-husband, the SSA likely will deem some of his income to you. This may make you ineligible for SSI payments.
'Normal disability' payments are much much less subject to change based on your marital status or living arrangement.
You may want to appeal this decision.
http://www.ssa.gov/pgm/appeal.html