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Same sex marriage... is it the right way to to go if 1 of…

Same sex marriage... is...

Same sex marriage... is it the right way to to go if 1 of you is filing for disability...would power of disability the way to go or domestic partnership (wa state)?

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Washington state

Lawyer's Assistant: Has anything been filed or reported?

Filing papers for disability yes

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Answered in 5 minutes by:
3/7/2018
Damien Bosco
Damien Bosco, Attorney
Category: Legal
Satisfied Customers: 4,195
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Once someone with a disability gets married, SSA will “deem” a portion of the abled spouse’s income to the disabled's record. Essentially, this means that they will consider your future husband or wife’s income to be the disabled spouse's income as well. This may significantly reduce the monthly payment or even cause the SSA to terminate benefits altogether.

If you receive SSDI on your own earnings record, getting married will have no impact on your benefits—no matter how much money your future spouse earns. If you receive SSDI based on someone else’s earnings record, your benefits could be affected in the following ways:

  • If you receive SSDI benefits under an eligible parent’s record, getting married will cause your benefits to be terminated. The only time benefits will not be terminated in this circumstance is if you are marrying another disabled adult child.
  • If you are currently receiving SSDI benefits on the work record of an ex-spouse, your benefits will be terminated if you remarry. This also applies to individuals who receive SSDI on the record of a deceased ex-spouse who remarry before age 50 if disabled, and before age 60 if not disabled.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 1 month ago
I'm retired with monthly income of approximately 2300$.. would this be significant?

Are you asking whether an income of $2,300 of the abled bodied spouse could affect the disabled spouse's SSDI benefits upon marriage? Or are you referring to SSA?

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So does the disabled spouse get SSDI or SSI?

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