Q: What must I do to receive SSI when my husband makes to much money. Do I need to fill for devorice or legal separation?
A: I'm assuming you don't qualify for Social Security Disability under your own earnings record. If you file for divorce but are in the household you may have issues. If the real issue is medical care, you may be able to apply for adult basic. Suggest you speak with a local disability advocate to discuss your particular issues and other ways of filling the gap.
A: I see this a lot. One spouse wants/needs SSI/Medicaid. They get "divorced" but still live together. Years pass and Social Security eventually catches on. Huge social security and medicaid "over payment" they have to pay back with the occasional charge of medicaid fraud in extreme cases.
It would need to be a legitimate divorce with legitimate separation of household arrangements to be valid and risk not having a huge problem down the road WHEN social security figures it out.
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