My Spouse and I Are Separated: How Does This Affect My SSI Eligibility?

03/08/2013 // Wright Disability Firm // Wright & Wright, America’s Social Security Disability Firm // (press release)

A number of individuals applying for Supplemental Security Income have questions regarding their eligibility if they are married, yet legally separated from their spouse. Because one factor the Social Security Administration (SSA) uses to make a determination of eligibility is household income, the incomes of both an applicant and their spouse are counted. However, in the event of a separation, one’s spouse’s income may not be included if their income is not available to an applicant.

Some who become separated or divorced remain in the household with their spouse for a period of time after the separation or divorce occurs. Although the SSA should no longer include the income of one’s spouse in making the determination for an applicant’s eligibility in these cases, it is difficult to prove legal separation and loss of access to the income of one’s spouse in the event that they are still living together.

A Social Security Disability attorney or advocate can help those who need help understanding their eligibility if they are legally separated from their spouse and remain in the household together. Because only a portion of a spouse’s income may be considered by the SSA as available to them, there is a chance that it may not be high enough to make an applicant ineligible.

Wright & Wright, America’s Social Security Disability Firm® is available to help those who need support filing a Supplemental Security Income claim. Individuals may contact the firm directly for a free evaluation of their case at any stage of filing, whether one is submitting an application for the first time or appealing one that has been denied.

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