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SSI stands for Supplemental Security Income. If you or your spouse is currently relying on this type of support, you should be aware a divorce will impact your benefits. This article will explain the basics of SSI divorce benefits and will also provide some information on how these benefits are impacted by a divorce.
The SSI Basics during a Divorce
SSI benefits are need based benefits provided by the Social Security Administration (SSA). The SSA will consider a number of factors in determining SSI eligibility. However, the most critical issues involved related to the amount of income and resources that are available to the recipient. This net income obviously includes any income the recipient earns through a job or business. However, it may also include the income of the spouse. This is because the income of the spouse is presumed to be available to the SSI recipient. For this reason SSI benefits may be impacted by divorce because the income of the recipient is effectively changed when the divorce occurs.
How SSI Benefits are Impacted by Divorce
The way in which the SSI benefits will be impacted by a divorce will depend on a number of factors. However, one of the most significant factors is how the couple was eligible for the benefits. Specifically, were they receiving benefits as a couple or was one of them receiving SSI benefits as an individual. This is an important distinction because an individual who was ineligible for SSI benefits during the marriage will not necessarily become eligible after the divorce. This section will discuss both situations and how the benefits are impacted by divorce in each situation.
Let us first consider the situation in which the couple was receiving SSI benefits jointly. Depending on the timing of your divorce there will likely be a gap in when your marriage is dissolved and when you are no longer considered to be a couple in terms of receiving SSI benefits. You and your former spouse will continue to receive SSI benefits as a couple until the first day of the month following your divorce. There is some good news for the individuals in this situation. There will be a net increase in their benefits. This is because two individuals receiving support as a couple are eligible for less support than two individuals receiving support separately.
When an eligible individual is receiving SSI benefits but the spouse is ineligible, there may also be a net increase in the benefits after the divorce. However, this increase will not be effective until two months after the divorce of the couple. The SSA will request a copy of the divorce decree before allowing the benefits to increase. An increase of SSI benefits for an individual after a divorce is appropriate when part of the ineligible spouse’s income has been presumed available to the SSI recipient. In this case the divorce effectively signifies an income loss to the eligible spouse, so the SSA compensates for this by raising benefits accordingly.
The Impact on Child Recipients of SSI Benefits after a Divorce
The impact of a child recipient of SSI benefits after a divorce is similar to the benefits of an eligible individual after the divorce from an ineligible individual. The amount of the benefits may increase after the divorce because the income of the ineligible parent will no longer be presumed available to the child recipient. However, it is important to note it is not the divorce which triggers this change in status. Rather, it is the location of the ineligible parent. Specifically, when the ineligible parent moves out of the residence where the child resides, his income is no longer presumed available to the child and is therefore no longer included in the determination of benefits. As with the presumed income of the ineligible spouse, there is a two month delay from the time the parent vacates the residence until the income is no longer presumed available to the child and used to determine benefits.
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