Miami, FL asked in Family Law and Social Security for Florida

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?

Related Topics:
2 Lawyer Answers

Peter N. Munsing


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.

Robert Martin Louque Jr

  • Social Security Disability Lawyer
  • New Orleans, LA

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.