Rights of Divorced Spouses for SSI Payments

If you and your spouse divorce, the court typically divides your property during the proceedings. Sometimes, you can also collect Social Security or retirement benefits based on your ex-spouse's records. However, you can't typically take any portion of your ex-spouse's Supplemental Security Income benefits, nor can you collect your own SSI based on his application.

About SSI

The Social Security Administration awards SSI to individuals who are disabled or over age 65 and have limited resources and income. To qualify for SSI benefits, your resources can't exceed $2,000, and your income must fall beneath your state's published limits. However, not all of your income counts against you. The Social Security Administration doesn't count the first $20 of income you receive each month, the first $65 you receive from working and half of the rest of the income you earn from working. The Social Security Administration also excludes home energy assistance and food stamps from your countable income.

Ex-Spouse Receiving SSI

Because the SSI your spouse receives is individual government assistance based on his income, assets and disability status or age, you can't take any portion of his benefits in the division of assets. Furthermore, because the Social Security Administration doesn't add any additional money to your ex-spouse's SSI benefits for his dependents, you can't typically receive any SSI payments from the Social Security Administration based on his claim.

Receiving SSI after Divorce

If you are disabled or over age 65, you may qualify for SSI payments after divorce even if you didn't qualify while you were married. If you and your ex-spouse no longer live together, the Social Security Administration won't consider any of his income or assets when determining your eligibility. However, the Social Security Administration will count any alimony you receive as income.

SSI and Child Support

If your ex-spouse receives SSI, most states won't count it as income in child support calculations. In addition, your ex-spouse's SSI payments are exempt from garnishment for child support enforcement. If you are applying for SSI, the Social Security Administration won't count any child support you receive against you. However, if your disabled child receives SSI, two-thirds of the child support may count as income for your child.

References

• Social Security Online: Supplemental Security Income (SSI)
• Neighborhood Legal Services: Disability, Divorce, SSI, and Medicaid
• Social Security Online: Retirement Benefits
• DivorceGuide.com: SSI Divorce Benefits Explained
• The Child Support Blog: Can You Garnish Social Security Benefits to Collect Child Support?
• SupportGuidelines.com: Supplemental Security Income and Child Support