Will my income affect my separated husband's Social Security benefits and supplemental programs?
I've been separated from my husband for 10 years (not legally, just living completely separate lives). We have different addresses, separate licenses, file taxes separately, the whole deal. He's now eligible for Social Security benefits and potentially some supplemental programs that would really help his financial situation. He's worried that SSA will ask for my income information during his application process and that including my earnings would disqualify him from getting the extra assistance he needs. Do we need to be legally separated or divorced before he applies? I'm still working and not old enough to collect SS benefits myself. Has anyone dealt with this kind of situation before? Any advice would be appreciated!
35 comments


Mei Lin
This really depends on which "supplemental programs" he's applying for. If he's talking about Supplemental Security Income (SSI), then yes, your income could potentially be deemed to him even if you're physically separated but still legally married. SSI has strict income and resource limits. However, if he's just applying for regular Social Security retirement benefits, your income won't affect his benefit amount - that's based on his own work record. Could you clarify which benefits or programs he's hoping to get?
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Jamal Wilson
•Thanks for replying! I think he's planning to apply for regular Social Security retirement AND SSI since his SS benefit would be pretty low. He worked a lot of cash jobs over the years so his contributions weren't always consistent. So if we're still legally married, my income WOULD count against his SSI eligibility even though we haven't lived together in a decade?
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Liam Fitzgerald
my brother had this exact situation!!! his wife moved out in 2008 but they never did the divorce papers cuz of religious reasons. when he applied for SSI they counted her income at first and denied him but he appealed and showed they lived totally separate and SSA eventually approved him! took like 3 months of fighting tho
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Amara Nnamani
•This is not entirely accurate. For SSI purposes, if you're legally married but separated, the spouse's income MAY be deemed depending on several factors. The key is establishing that you're 'living apart' permanently, not just temporarily. SSA uses specific criteria to determine this status - it's not automatic. Your brother's case sounds like he successfully proved they were permanently separated despite no legal divorce.
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Giovanni Mancini
The Social Security Administration looks at something called 'holding out' - basically whether you present yourselves as married to the community even if you're physically separated. Since you've been living completely separate lives for 10 years with different addresses and licenses, there's a good chance they would consider you separated for SSI purposes, but you should definitely consult with a benefits specialist before he applies. Sometimes getting conflicting information from SSA representatives can make the whole process more complicated!
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Jamal Wilson
•That's helpful to know about the 'holding out' concept. We definitely don't present as married - we have completely separate finances, separate friend groups, everything. I'll suggest he talk to a benefits specialist before applying.
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NebulaNinja
My uncle went thru this!! The SSA asked for my aunts income even tho they lived apart for 15+ years! So frustrating!! They had to get legally divorced even tho they didnt want too for religious reasons. The SSA doesn't care about real life situations just what paper says ugh
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Fatima Al-Suwaidi
•This isn't necessarily true for everyone though. My mom and dad were separated (not divorced) for 9 years before he applied for benefits, and they didn't count her income. I think it depends on who you talk to at Social Security and how you present your case.
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Mei Lin
For SSI (not regular Social Security retirement), here's what typically matters: 1. If you file taxes separately 2. If you have completely separate finances 3. If you don't provide any financial support to each other 4. If you've maintained separate residences consistently 5. If you can document the long-term separation There's a good chance he could qualify without deeming your income if he can prove these things. However, the process can be frustrating because different SSA representatives may interpret the rules differently.
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Jamal Wilson
•We definitely meet all those criteria! We've been completely financially independent for the entire 10 years, file taxes separately, and have all the documentation to prove separate addresses. That makes me feel more hopeful.
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Dylan Mitchell
When I was trying to reach the SSA about a similar situation with my sister, I kept getting disconnected or waiting for hours. I finally tried a service called Claimyr (claimyr.com) that got me connected to a live SSA agent in about 20 minutes instead of waiting for hours. They have a video showing how it works: https://youtu.be/Z-BRbJw3puU. Your husband might want to try that when he's ready to call about his specific situation - much easier than waiting on hold forever.
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NebulaNinja
•Does this actually work?? I spent 4 HOURS on hold last month and then got disconnected!!
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Dylan Mitchell
•Yes! I was skeptical too but it seriously worked. My call got answered in like 22 minutes when I'd been trying for days before that. Saved me so much frustration.
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Giovanni Mancini
Your husband should also know that even if he doesn't qualify for SSI due to the marriage situation, he might qualify for other programs like SNAP (food stamps) or state-specific assistance where they might evaluate your household situations differently. Sometimes the rules for SSI are stricter than for other assistance programs.
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Jamal Wilson
•That's a really good point I hadn't thought about! I'll let him know to look into all possible programs, not just focus on SSI.
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Amara Nnamani
To directly answer your question: No, you don't NEED to be legally divorced for him to potentially qualify for SSI while you're still working. But it does make the process significantly easier if you are. If remaining married is important to you both, he can still apply and provide evidence of your long-term separation. He should be prepared to submit: 1. Separate lease agreements or mortgage documents 2. Utility bills showing separate addresses over time 3. Separate tax returns 4. Statements from friends/family confirming the long-term separation 5. Driver's licenses showing different addresses The SSA will make a determination based on the totality of evidence that you're permanently living apart.
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Jamal Wilson
•Thank you for this detailed list! We have all of these documents available, so that's reassuring. I think we'll try applying with all this documentation before considering a legal divorce, which would be complicated for various reasons.
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Sofia Morales
THE SSA IS A JOKE!!! My cousin and his wife were separated for YEARS and they STILL counted her income against him!!! The whole system is rigged to deny benefits to people who deserve them!!! Don't expect fair treatment, they'll find ANY reason to say no!!!
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Mei Lin
•While I understand your frustration, each case is unique. The determination often depends on the specific evidence provided and sometimes the individual claims representative. It's important to appeal if you believe a decision is incorrect, as many denials are overturned in the appeals process.
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Liam Fitzgerald
my neighbor just went thru this whole thing last year! she said the important thing was proving they didnt share ANY finances at all. no joint accounts, no being on each others insurance, nothing like that. thats what finally convinced SSA they were really seperate households
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Jamal Wilson
•We definitely don't share any finances at all. Haven't had any joint accounts for over a decade, separate insurance, everything. That's good to know that was the convincing factor for your neighbor!
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Vincent Bimbach
Based on everything I'm reading here, it sounds like you and your husband have a really strong case for being considered "permanently separated" by SSA standards. The 10-year separation with completely separate finances, addresses, and tax filings is exactly what they look for. I'd recommend having your husband gather all that documentation that Amara mentioned before he applies - lease agreements, utility bills, tax returns showing the long separation. Also, don't be discouraged if the first person he talks to at SSA gives conflicting information - it's unfortunately common. If he gets denied initially, the appeals process often works out better because they take more time to review all the evidence. Good luck to both of you!
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TechNinja
•This is really helpful advice! I appreciate you taking the time to summarize everything. You're right that we seem to have a strong case based on all the criteria people have mentioned. I'm feeling much more optimistic about his chances now. The tip about appeals is good to keep in mind too - hopefully it won't come to that, but it's reassuring to know there are options if the first decision doesn't go well. Thanks for the encouragement!
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Zara Perez
I went through something very similar with my ex-husband about 3 years ago! We had been separated for 8 years but never legally divorced. When he applied for SSI, they initially wanted my income information, but we were able to prove we were permanently separated by showing: - Separate addresses on our driver's licenses for years - Completely separate bank accounts and credit cards - Filed taxes separately with different addresses - Had witnesses (friends/family) who could confirm we lived apart The key was being very thorough with documentation. It took about 6 weeks for them to process everything, but they ultimately approved his SSI without counting my income. Your 10-year separation with all the documentation you mentioned should definitely work in your favor. Just make sure he has everything organized before he applies - it makes the process much smoother!
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Sophia Carson
•This is exactly what I needed to hear! Your situation sounds almost identical to ours - 8 years vs our 10 years of separation, and we have all the same types of documentation you mentioned. It's really encouraging to know that SSA did eventually approve your ex-husband's SSI without counting your income. The 6-week processing time doesn't sound too bad either. I'll definitely tell my husband to get everything organized beforehand like you suggested. Having witnesses who can confirm the long-term separation is a great tip too - we have plenty of family and friends who know we've been living completely separate lives. Thank you so much for sharing your experience, it gives me a lot of hope that this will work out!
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Jamal Carter
Just wanted to add another perspective - I work as a paralegal at a disability law firm and see these separated spouse situations fairly regularly. The good news is that SSA has gotten better over the years at recognizing legitimate long-term separations for SSI purposes. Your 10-year separation with separate addresses, finances, and tax filings is actually a very strong case. One thing that really helps is if you can show you've both been completely self-sufficient during the separation - no financial help back and forth, no shared expenses, etc. Also, when your husband applies, he should be very clear and consistent about describing the separation as "permanent" rather than just saying you're "separated" - SSA distinguishes between temporary and permanent separations. The documentation everyone mentioned is spot on, and don't forget to keep copies of everything you submit. If there are any hiccups in the process, having that paper trail makes appeals much easier. Best of luck!
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Brianna Muhammad
•This professional insight is incredibly valuable! The distinction between "temporary" and "permanent" separation is something I wouldn't have thought about, but it makes perfect sense that SSA would look at that language carefully. We've definitely been completely self-sufficient - no financial help in either direction, no shared expenses, nothing like that for the full 10 years. I'll make sure my husband emphasizes the "permanent" nature of our separation when he applies and uses that specific wording consistently. The tip about keeping copies of everything is also really smart - I can see how that would be crucial if we need to go through appeals. It's reassuring to hear from someone who works with these cases professionally that our situation should be considered strong. Thank you for taking the time to share your expertise!
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Yara Sayegh
I'm going through something similar right now! My situation is a bit different - my separated spouse and I have only been apart for 5 years (not 10 like you), but we also have completely separate finances, addresses, tax filings, everything. I'm currently in the middle of applying for SSI and the process has been... interesting. The first SSA representative I spoke with seemed to think my spouse's income would automatically count against me, but when I submitted all my documentation showing our permanent separation, a different representative reviewed it and said it looked like a strong case for separate household determination. I'm still waiting for the final decision, but so far the process has been encouraging. One thing I learned is that SSA also looks at whether you're still legally responsible for each other's debts or if you've taken any steps to formalize the separation (like separation agreements, even if not divorced). We don't have any shared debts and haven't supported each other financially at all during our separation. Based on all the responses here, it sounds like you and your husband have an even stronger case than mine with the longer separation period and solid documentation. Definitely go for it!
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Aisha Rahman
•Thank you for sharing your current experience! It's really helpful to hear from someone who's actually going through the process right now. Even though your separation is 5 years compared to our 10, it sounds like you're having success with the same approach we're planning to take. The fact that a different SSA representative gave you a more encouraging assessment after reviewing your documentation really reinforces what others have said about getting different interpretations from different reps. I'm keeping my fingers crossed for your final decision! The point about not being legally responsible for each other's debts is interesting - we definitely don't have any shared debts or financial obligations at this point. It sounds like we're both in good positions based on all the advice in this thread. Thanks for the encouragement and good luck with your application!
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Lily Young
I've been following this thread and wanted to share some additional insights that might help. One thing I haven't seen mentioned yet is that it can be really helpful to document any community ties that show you've been living as separate individuals - things like different voting registrations, separate memberships at gyms/clubs, different emergency contacts at work or medical facilities, etc. These kinds of records can really strengthen the case that you're living genuinely separate lives. Also, if your husband does get initially denied (which happens more often than it should, unfortunately), don't give up! The appeals process has much better approval rates because they take more time to thoroughly review all the evidence. I've seen cases where people were denied initially but then approved on appeal once SSA properly considered all the separation documentation. Your 10-year separation with separate finances and addresses sounds very compelling - much stronger than many cases I've seen approved. Stay positive and make sure to keep detailed records of every interaction with SSA throughout the process.
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Paolo Ricci
•This is such great advice about documenting community ties! I never would have thought about things like voting registrations or emergency contacts, but you're absolutely right that those details really paint a picture of living completely separate lives. We definitely have different voting registrations, different doctors, different emergency contacts at our jobs - all those little things that show we've been functioning as completely independent people for years. It's reassuring to hear about the appeals process too, even though I'm hoping we won't need it. The fact that appeals have better approval rates makes sense since they probably take more time to actually review all the evidence properly instead of just making a quick decision. Thanks for the encouragement and the practical tips - I'm feeling really confident now that we have a strong case with our 10-year separation and all this documentation!
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Eve Freeman
Wow, this has been such a comprehensive discussion! As someone who's been through a similar situation with my sister's case, I want to emphasize one crucial point that really made a difference for us: timing and preparation. Before your husband applies, I'd strongly recommend calling SSA (maybe using that Claimyr service Dylan mentioned to avoid the hold times) and asking specifically about their current policies for "deemed spouse" situations with long-term separations. Sometimes local offices have slightly different interpretations, so getting clarity upfront can save months of back-and-forth. Also, consider having a brief consultation with a disability attorney or benefits specialist - many offer free consultations and can help identify any potential issues before you submit the application. Your case sounds incredibly strong with the 10-year separation and all the documentation, but having professional guidance can make the difference between a smooth approval and months of appeals. Best of luck to both of you - you've got this!
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Dylan Baskin
•This is excellent advice about calling ahead to clarify policies! I hadn't thought about the fact that local offices might interpret things differently, but that makes total sense. Using that Claimyr service to avoid the dreaded hold times is definitely something we'll look into - sitting on hold for hours just to get basic information sounds awful. The consultation with a disability attorney is also a really smart suggestion, especially since many offer free consultations. Even though our case seems strong based on everything discussed here, having professional eyes review our situation beforehand could catch any potential issues we might have missed. I really appreciate how thorough and helpful everyone has been in this thread - you've all given us so much valuable information and made what seemed like an overwhelming situation feel much more manageable. Thank you for the encouragement and practical steps!
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Declan Ramirez
Reading through all these responses has been incredibly helpful! I'm in a somewhat similar situation - my estranged husband and I have been separated for about 7 years now, though not quite as long as your 10 years. We also maintain completely separate lives, finances, addresses, etc. What really stands out to me from everyone's advice is how important the documentation is and how much the initial SSA representative you speak with can impact the process. One thing I'd add based on my research into this topic is that SSA Publication 05-11000 (Understanding SSI) actually has a section on "living apart" determinations that might be worth your husband reviewing before he applies. It outlines the specific factors they consider when determining if married couples are permanently separated for SSI purposes. Also, I've heard that submitting a detailed written statement explaining the circumstances and timeline of your separation along with all the documentation can be really helpful - basically telling your story in your own words rather than just letting the paperwork speak for itself. Your situation sounds very strong given the length of separation and all the evidence you have. Wishing your husband the best of luck with his application!
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Beth Ford
•Thank you so much for mentioning SSA Publication 05-11000! I had no idea there was an official publication that specifically covers "living apart" determinations - that sounds like exactly what we need to review before applying. Having the actual SSA guidelines on what factors they consider will definitely help us make sure we're addressing all their criteria properly. The suggestion about submitting a written statement telling our story is really smart too. You're right that just submitting paperwork might not fully convey the reality of our situation - a personal narrative explaining the timeline and circumstances of our 10-year separation could really help the reviewer understand that this isn't just a temporary arrangement but a permanent lifestyle choice. I'm going to look up that publication right away and help my husband draft a comprehensive statement to go with all our documentation. Thanks for adding such valuable specifics to what's already been an incredibly helpful discussion!
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