Ask Larry

Would A Divorce Help Or Hurt My Mother's Benefits?

Hi Larry,
My mom receives SSI benefits as her sole source of income. She is in her late 60's and disabled. She also receives SNAP benefits for her grocery needs and Medicaid/Medicare for healthcare. Her husband abandoned her almost 10 years ago but never granter her a divorce. He works full time and is expected to retire in the next couple of years. I would like to get the divorce process going for her but need to know if alimony would in any way affect her SSI benefits and/or other benefits. Will getting the divorce help or hurt?
Thank you for your advice.

Hi,

Supplemental Security Income (SSI), SNAP & Medicaid are all needs based benefits. As such, any type of change in income or resources could affect the recipient's eligibility or payment levels. Medicare is not needs based, but if your mother's Medicare premiums are paid by Medicaid, a loss of Medicaid eligibility could require her to pay her own Medicare premiums.

I can't tell you whether a divorce would help or hurt. Without the divorce, your mother may qualify for Social Security spousal benefits when and if her husband starts drawing his benefits, and/or widow's benefits in the event of his death. With a divorce and assuming that her marriage lasted at least 10 years, your mother may qualify for divorced spousal benefits as soon as the divorce is final if her husband is at least age 62, and she could potentially qualify for surviving divorced spousal benefits if he dies before her. However, receipt of Social Security would likely reduced your mother's SSI payments essentially dollar for dollar.

Best, Jerry

Category: 
Posted: 
Oct 25 2017 - 4:26am
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