Ask Larry

If We Get Married, Will My Earnings Adversely Affect My Husband's Benefits?

My guy and I are an extreme December-May relationship...but hey, love is love! He has just begun receiving social security retirement (age 65) and I have many, many more work years ahead of me (age 41 in November). We also have a son together (age 5). We would like to get married, but we are concerned about a great many things. We simply don't understand how my earnings are going to impact his SSI and how our son factors into all of this. As of right now, we are NOT filing our son as his dependent and haven't even mentioned him in regards to Social Security. My boyfriend and I discussed it and, until we knew more, we elected to advise "no" to this question until we have all the facts. We are aware that our son is entitled to half again what my guy is receiving ($400, since he is receiving $800), but we are waiting to complete that step.

Our concerns: my guy has always been self employed writer/editor with many years of no/low income interspersed with some years of very, very high income. He bought his house young and manged his life and finances such that he was able to live comfortably and well until his retirement. Now, his income is low-to-nonexistent except for SSI or when he wants to take on a writing project, but he also has no bills except utilities and food.

On the other hand, I have always been employed (since age 14) and have always had a steady and substantial income. If we get married, will my working impact his SSI to the negative? And if we claim our son on his SSI, how will that factor in?

Hi,

I'm assuming that you mean your guy is drawing Social Security retirement benefits as opposed to Supplemental Security Income (SSI). If that's the case, your earnings will have no effect on his benefits regardless of whether or not you get married. On the other hand, if he actually does receive Supplemental Security Income (SSI), then your income and resources could affect his eligibility if you marry. Furthermore, SSI does not include auxiliary benefits for family members, so your son couldn't receive benefits on your guy's record in that event.

I don't understand why you wouldn't want to claim benefits on your son's behalf. In fact, by effectively denying paternity by answering 'no' on his application when asked whether or not he had any children under age 18, your guy may have made it more difficult for you to claim benefits on your son's behalf in the future. Your son's entitlement to child benefits would have no adverse effect on his father's benefit rate.

You could also potentially claim spousal benefits based on having a child under age 16 in your care, but only if you and your guy get married and your son becomes entitled to child benefits. Your earnings would not affect your son's benefits, but could limit or prevent you from being paid benefits due to the earnings test (https://www.ssa.gov/planners/retire/whileworking2.html). There is also a family maximum benefit that could limit the rates payable to you and your son if you both become entitled to benefits.

Best, Jerry

Category: 
Posted: 
Nov 8 2017 - 7:57am
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