How Will Getting Married Affect My SSI Payments?

Once you’re married, Social Security will attribute (deem) part of your spouse’s income to you, which will usually affect your SSI payments.

By , Attorney UC Law San Francisco
Updated 5/01/2024

To be eligible for Supplemental Security Income (SSI), you must meet the SSI financial eligibility requirements, including having a household income below the limit. So, if you get married, your new spouse's income will likely affect your SSI benefits. And if your spouse has high earnings, you could lose your benefits entirely.

The Social Security Administration (SSA) uses a rather complex formula to calculate how your new spouse's income will affect your SSI benefits. Here's how it works.

Will My SSI Go Down If I Get Married?

Because SSI is a need-based program, Social Security will consider all the money available to you when determining your eligibility for SSI and your monthly benefit amount. That includes most of the earned and unearned income you receive. It also includes at least some of your spouse's income if you're living together and one of the following is true:

  • You're legally married to each other.
  • You're in a legal civil union or domestic partnership with each other, or
  • You "hold yourselves out" to be married (that is, you share finances and otherwise act as a married couple in public).

But your spouse's income might not affect your SSI if you're still legally married but separated (not living together) and don't share finances.

When Is Income Subject to Deeming?

When you're married to someone who isn't eligible for SSI benefits, at least some of your spouse's income is usually subject to "deeming" (being considered as available to you for living expenses). If your spouse earns too much, your monthly SSI payment will likely be reduced and could stop altogether.

Fortunately, not all spousal income counts toward the SSI limit. For instance, some types of unearned income are exempt, such as:

  • SNAP benefits (food stamps)
  • TANF (welfare)
  • cash loans (that must be paid back), and
  • educational scholarships.

But some unearned income does count towards the SSI income limit, like Social Security disability insurance (SSDI) and veterans benefits.

Social Security will also count about half of your spouse's earned income, like wages from work or self-employment. (Learn more about what income counts as income for SSI purposes and what doesn't.)

Any countable income your spouse has above a small amount is subject to deeming for SSI purposes. How much is deemed to be available to you depends mainly on the size of your family, as we'll explain below.

How Much Can My Spouse Earn Before I Lose Benefits?

Social Security uses the monthly federal benefit rate (FBR) to determine how much of your spouse's income should be deemed to you. The FBR is $943 for an individual and $1,415 for a couple (in 2024).

Social Security estimates that your household needs a certain amount of money to cover the food and shelter needs for your spouse and for each minor child living in your home. For each person, that amount is the difference between the couple's FBR and the individual FBR, which is $472 ($1,415 - $943 = $472). (20 CFR § 416.1163.)

That means if you have no children, your new spouse's income won't be deemed to you unless it's over $472 per month. If you have one child, your new spouse's income could be as much as $944 per month without any of their income being deemed to you. Social Security excludes an additional $472 per month for each additional minor child in your household.

Number of Children Living in Your Household

Monthly Threshold for When Income Is Deemed

0

$472

1

$944

2

$1,416

3

$1,888

4

$2,360

Any of your spouse's countable income above the allocation amounts above will be subject to deeming and will reduce your SSI benefit.

How Is an SSI Payment Reduced by Deemed Income?

To figure out the SSI benefits you'll lose after you get married (if any), you need to look at your income and your future spouse's monthly income. You can subtract $472 from your spouse's income for each minor child who'll live in your home after you get married. If there is more than $472 left, you then need to make the deeming calculations.

Next, add your future spouse's remaining income (after subtracting $472 for each child) to any income you get each month (not including your SSI). At this point, Social Security counts your household income as if you and your spouse are both eligible for SSI.

So, from any unearned income you and your spouse have, you'd subtract the first $20 as excluded income. If you or your spouse have any earned income, you'd subtract another $65 from it and then cut the remainder in half. You add what's left of the unearned income and the earned income to come up with your combined countable income.

Finally, subtract your remaining combined countable income from the couples' SSI benefit rate of $1,415—not the benefit rate for singles. What remains is your new SSI benefit amount. If your combined countable income is more than $1,415, you'll lose your SSI benefits entirely.

Note that neither of the examples above takes into account any state supplement that your state adds to the SSI payment. If you live in a state that pays a supplement to SSI, the calculations could be different.

Will Your SSI Be Lowered If You Move into Your Spouse's House?

Social Security can sometimes lower your SSI payment by one-third if you're receiving free room and board (known as "in-kind income and support"). But Social Security doesn't count any food or shelter that your spouse provides as income to you, if you're living in the same household with your spouse and their income can be deemed to you. (20 C.F.R. 416.1148.)

How Does Social Security Know If You're Married?

If you're receiving Social Security benefits, including SSI, you're required by law to tell Social Security if you get married. Failing to report anything that could change your SSI eligibility or benefit amount could have serious consequences.

If Social Security determines that you lied about your marital status or withheld information about your marriage, you could become ineligible for benefits. You'd also likely have to repay any SSI you received under the false pretenses ("overpayments"). And you could even be prosecuted for fraud. (42 U.S.C. § 408.)

What If Your Fiancé Is Also Receiving SSI?

If you and your future spouse both receive SSI, your benefit amounts will likely change once you're married. After you wed, Social Security will reduce your combined benefit amount to match the couple's monthly FBR ($1,415 in 2024). But that's assuming you're both still eligible for benefits after marrying.

If both you and your new spouse are disabled, you must both meet the financial eligibility requirements for a couple. Your income is counted together without using the deeming formula. If your combined countable income is less than the SSI limit, you'll get the couple's FBR amount. But if it's more, you'll both be ineligible for SSI benefits.

You can call Social Security at (800) 772-1213 for help determining whether your new spouse's income will likely make you ineligible for SSI.

Learn about how marriage affects SSDI disability benefits.

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