Ask Larry

Am I Entitled To Any Of My Husband's Back SSI Pay?

I've received S. S. I. benefits since 2004,my husband and I have been married since 2002. In the state of TN. I am aware that in that state there is no such thing as "legally separated". This state considers it either married or divorced. No mediums on anything. we separated in June of 2013... of course my retroactive s. s. I. 1st check saported him & social security knew that, only allowing him (Or us) to make no more than $700 more per month.. my husband received his 3 yr. retro SSI in 3/2023.. Am I entitled to any of that money???
signed struggling & done dirty.
in march

Hi. Not as far as Social Security regulations are concerned. Supplemental Security Income (SSI) is needs based, and is payable to individuals who meet the eligibility requirements. There are no family benefits (e.g. spousal, child, widow, etc.) payable from the SSI program. The only way that the spouse or child of a person who's collecting SSI benefits can qualify for SSI is if they also meet the eligibility requirements for SSI.

Therefore, per Social Security law there would be no obligation for your spouse to share with you any SSI benefits that were payable to him.

Best, Jerry

Posted: 
May 7 2023 - 11:47am
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