If you have been approved for Supplemental Security Income (SSI) and recently separated from your spouse, but are still living with them, you may be wondering how it could affect your benefits. While a separation is never easy, it is also important to know how this life change could affect your SSI benefits. If you have questions about your SSI benefits contact one of our SSI benefits lawyers in Phoenix.
When determining eligibility and the compensation you will receive, Social Security generally does not take into consideration the income or resources of an ex-spouse. According to a Social Security employee manual, there is a rule wherein two individuals who were previously married continue to live together, will not be treated as a married couple.
However, the individual filing for benefits will have to present evidence of their divorce such as a copy of the divorce decree and a statement explaining why the couple still lives together. Some former spouses continue to live together for financial reasons or even due to illness.
Along with the divorce decree, one or both parties will be required to provide a signed statement describing the nature of the relationship. The Social Security Administration may then ask further questions such as if the home is owned jointly or if other legal documents, such as tax returns, identify the two individuals as married. If an ex-spouse supports the other by providing food, paying for rent or other bills, the administration may consider this in-kind support, which could impact the amount of benefits you receive.
As long as the couple has a divorce decree and is truly living as ex-spouses, an individual should not have issues obtaining the SSI benefits they need.
At Dayes Law Firm PC, a Phoenix Social Security Disability lawyer from our law firm can help you obtain SSI benefits you have been denied as a result of continuing to live with your ex-spouse. We understand how difficult this type of situation can be, and will provide the personal attention you deserve to get this matter settled.