Ask Larry

Will I Be Able To Get Spousal Support?

If I’m married for 27 years and husband is on ssi and ssdi and we are separated will I’ll be able to get spousal support

Hi. I can't give you a definite answer without more information. SSI (Supplemental Security Income) is a needs based benefit and doesn't pay survivor or auxiliary (e.g. spousal) benefits. Eligible spouses can potentially be paid auxiliary benefits from the record of a spouse who's receiving Social Security disability (SSDI) benefits, though. To be eligible for spousal benefits, you'd either need to be at least age 62 or have a child in your care who is either under age 16 or disabled, and who's eligible for benefits on the disabled worker's record.

However, the family maximum benefit (FMB) that can be paid on the account of a worker who's receiving SSDI benefits sometimes limits the amount payable to eligible family members to zero. In other words, even if a spouse meets the requirements for spousal benefits, they might not actually be able to be paid benefits if their spouse is collecting SSDI benefits as opposed to regular Social Security retirement benefits.

The full requirements for spousal benefits are outlined in the following section of Social Security's handbook: https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0305.html. If you think that you might be eligible you may want to contact Social Security to see about filing for spousal benefits. However, if you're under your full retirement age (FRA) when you claim spousal benefits and if you don't have an eligible child in your care, then any spousal benefits for which you qualify will be reduced for age.

Best, Jerry

Category: 
Posted: 
May 21 2021 - 6:14am
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