Can You Receive SSI If Your Husband Works But You're Separated?

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Question

Can I receive SSI if I am married and my husband works? We are separated but still living in the same household.

Answer

To determine SSI eligibility, the Social Security Administration (SSA) will count your husband's income toward the SSI's income limit cutoff, which often pushes you above the SSI income limit and prevents your SSI eligibility. However, the SSA will deem part of your husband's income to be available to you only if you are legally married and living in the same household. 

If you and your husband get separated or divorced, the SSA should stop deeming your husband’s income, in the month after the month in which the separation or divorce occurs (unless you receive some type of support or alimony from your husband, in which case it needs to be reported to the SSA).

However, it would be quite difficult to prove to the SSA that you and your husband are legally separated if you are still living together in the same household.

For more information, see our article on deeming marital income for SSI.

Updated by: , J.D.

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