|
Two
people do not need to actually be legally married in order to be
considered in a “marital relationship” for the purposes
of SSI. The Social Security Act provides that a man and a woman,
who are not legally married, yet who live in the same household
are in a “marital relationship” for SSI purposes if
they hold themselves out as husband and wife to the community in
which they live. This provision is referred to as “holding
out” by SSA. It applies even in states that do not recognize
common-law or putative marriage. The SSA does NOT currently consider
persons of the same sex to be married or in a marital relationship
under any circumstances.
SSA
usually accepts a person’s allegation about whether a marital
relationship exists. However, SSA will ask a series of questions
to decide if a “holding out” relationship exists when
circumstances are uncertain. Form SSA-4178, Marital Relationship
Questionnaire, is used for this purpose and includes following questions:
SSA
Marital Relationship Questionnaire:
-
By what names are you known?
- How
do you introduce the other person to friends, relatives, and others?
- How
is mail addressed to you and to the other person?
- Are
there any bills, installments, contracts, tax returns, or other
papers showing the two of you as husband and wife?
- In
what name or names are you renting or buying the place where you
live?
SSA
considers a man and a woman no longer married for SSI purposes as
of the date that:
- Either
member of the couple dies;
-
An annulment or divorce is finalized;
-
Either member of the couple begins living with another person
as that person’s spouse;
-
SSA decides that either person is not a spouse of the other for
purposes of husband’s or wife’s Social Security benefits,
if SSA considered the persons married because of that entitlement;
or
-
The members of a couple who SSA determined to be holding themselves
out as husband and wife begin living in separate households (with
some exceptions).
If
members of a couple report to SSA that their holding out relationship
has ended, but they remain in the same household for financial reasons,
SSA will request information from the couple supporting the fact
the relationship has ended and efforts are being made to live in
separate households.
For
More Information see:
Eligible Couples,
Vol. II February, 2004
|
