Ask Larry

Would I Still Be Eligible For Child In Care Benefits If I'm Separated From My Husband?

Hi. My husband will be retiring soon, and we have an adult disabled child. I understand I will be eligible for child in care benefit. I see if divorced I will not qualify, but what if we are separated. Am I eligible for the benefit? I haven’t seen any info on this anywhere. Thank you so much. Janelle

Hi Janelle. As long as you're still legally married you wouldn't have to be living with your spouse to be able to potentially qualify for child in care spousal benefits. You would, however, need to have your eligible child in your care (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0312.html).

Best, Jerry

Category: 
Posted: 
May 25 2021 - 10:01pm
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