Will my boyfriend lose his disability benefits if we get married?

Asked over 2 years ago - New Castle, PA

I work part time making around 800 to 900 gross a month. My boyfriend makes 700 on disability, I really want to get married and have told him several times but he always is telling me if we got married his income would go down, we wouldn't be able to survive if it did but after asking my mother she has advised me to look into it. We currently live in Pa and I have been wondering even though I work would he lose half or more of his income if we got married?

Attorney answers (2)

  1. Brian S Wayson

    Contributor Level 19

    4

    Lawyers agree

    1

    Answered . It depends.

    If he is on Social Security Disability (SSD) benefits based on his own earnings record then marriage will not affect those benefits.

    If he is on Supplemental Security Income benefits then, yes, a portion (slightly less than half generally) will be deemed to your husband and that amount will reduce his benefits dollar for dollar. So, for example, if you were married and living in the same household, in a month for which you earned $900, his benefits for that month would be reduced approximately $417.50

    A spouse includes not only legally married spouses, but also boyfriends and girlfriends who
    “hold themselves out” in the community as husband and wife, and meet other requirements in 20 C.F. R. §416.1826(c). Spousal deeming applies even if the ineligible (healthy) spouse refuses to support the SSI claimant spouse.

    Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice,... more
  2. Clifford Michael Farrell

    Contributor Level 19

    2

    Lawyers agree

    1

    Answered . With the figure you use it is hard to tell. SSI pays about $698, and regular SSD benefits can be almost any amount.

    My colleague is correct. If SSI, then yes, getting married will cause a loss of benefits . If SS disability, not SSI, then the answer is no.

    Good luck to you.

    The exact answers to questions like this require more information than presented. The answer(s) provided should... more

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