Ask Larry

Will My Boyfriend Be Liable For My Social Security Overpayment If We Get Married?

About 10 years ago, I appealed an overpayment and asked for a hearing. I was in grad school at the time and the funding I got as a Teaching Assistant was misapplied as earnings. The TA-ship is a form of financial aid. I never heard back from Social Security and am no longer on disability. My boyfriend and I want to get married. Will he be held liable for any of these overpayment if Social Security gets around to reviewing my case?

I've been afraid to call and ask them directly because I am unemployed and they claim I owe them a substantial amount. Thanks.

Hi. No. Getting married would not make your new husband liable for repayment of any outstanding overpayments you have with Social Security. However, Social Security overpayments can be withheld from any benefits payable from the account of the overpaid individual. So, for example, if you died and if your husband was eligible for survivor benefits from your account, your overpayment could potentially be withheld his survivor benefits.

Best, Jerry

Posted: 
Jun 25 2022 - 12:33pm
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