This article explains how to determine eligibility for individuals who do not receive SSI when they are married, separated, or divorced but still living together. For SSI recipients, see: Marital Status under SSI Criteria.
- When a Couple is Separated
This includes legal separations and informal separations.
- If the couple is still living together, they are treated as a married couple.
- Their income and resources must be counted together when determining eligibility.
Key rule:
Separated but living together = count income and resources together.
- When a Couple is Divorced
If the divorce is verified and final, and the individuals are still living together:
- They are treated as two separate individuals.
- Their income and resources are NOT counted together.
Exception:
If the two individuals meet the criteria for common-law marriage, they must be treated as a married couple, and their income and resources are counted together.
Key rule:
Divorced and living together = count separately, unless common-law marriage applies.
Ultra-Simple Summary
- Separated + living together → count together
- Divorced + living together → count separately
- Divorced + common-law marriage → count together
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