Ask Larry

Would It Change Anything If I Filed For Divorce?

was granted ssi but told i receive nothing because my husband's ssdi is to much. We have been living in the same house for over 10 years but on different floors like roommates, was wondering if I filed for divorcee would that change anything?

Hi,

Possibly, but the rules governing eligibility for Supplemental Security Income (SSI) are much too complex for me to be able to give you a definitive answer. A spouse's Income and resources can cause a person to be ineligible for SSI payments, but so can support received from someone other than a spouse. So, whether or not a divorce would allow you to qualify for SSI payments would depend on your subsequent living arrangement and financial circumstances (https://www.ssa.gov/ssi/).

Furthermore, a divorce may potentially have an adverse effect on your eligibility to receive benefits on your spouse's Social Security record either now or in the future. Before considering a divorce, you should probably discuss your situation with an attorney and/or with Social Security.

Best, Jerry

Posted: 
May 4 2020 - 3:22pm
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