Accept an individual's allegation that they are or are not married. If there is information to the contrary, follow instructions in this section to obtain evidence about marital status for SSI purposes.

If evidence is needed, follow instructions in GN 00305.000, Proof of Marital Relationship.

Document the file to show the entitlement of one member of the couple to Title II benefits on the record of the other.

Refer to SI 00501.152, Determining Whether Two Individuals Are Holding Themselves Out as a Married Couple, for more information. Holding out also applies to same-sex couples.

Note the date and the event on a Report of Contact screen, and indicate what evidence you obtained or explain why evidence is not available.

Document the file with relevant information.

Document the file with a copy of the Title II termination notice or MBR query showing the deemed spouse's ledger account file (LAF) code, if something indicates that we reversed a prior “deemed spouse” determination.

Refer to SI 00501.152, Determining Whether Two Individuals Are Holding Themselves Out as a Married Couple, for more information if there is an indication that the couple are no longer holding themselves out as married.

For SSI purposes, we recognize as a spouse only a person with whom the claimant is living. It is not material that another person may also qualify as the legal spouse of either of the people who are living together.

For example, an SSI claimant may be married but living separately from someone who is their spouse according to state law, but we may recognize another individual in the household as the claimant’s holding out spouse for SSI purposes.

A marital relationship exists when two individuals resume living together after having lived together previously as a married couple. In such a case, we presume that the individuals are in a marital relationship unless they present evidence to the contrary.

Evidence to the contrary includes evidence of a divorce or the termination of a holding out relationship. For example, if a divorced couple resume living together due to illness or for economic reasons with no intention of resuming a marital relationship, this represents evidence to the contrary.

If two individuals who previously lived together as a married couple resume living together, review the facts of the case to make a new marital status determination.

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  If the couple are still legally married under the laws of the state where they make their permanent home (Note: all states must permit and recognize same-sex marriages), and they resume living together after having lived apart, they are a married couple for SSI purposes, regardless of the reason they resumed living together.

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  If the couple allege that they are legally separated, consider the couple to be married since a legal marriage still exists.

  NOTE: Legal separation does not imply that the couple are not living together.

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  If the couple allege that they are divorced, obtain a copy of the divorce decree. Obtain signed statements from both individuals explaining why they are living together (e.g., illness, economic reasons). Follow instructions in SI 00501.152 to determine if they are holding themselves out to the community as married.

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  If the couple allege that they are no longer holding themselves out as married, follow instructions in SI 00501.152, Determining Whether Two Individuals Are Holding Themselves Out as a Married Couple.

Example:

Marie and Patrick divorced several years ago. Recently, Patrick became ill. Marie, who is an SSI recipient, moved to Patrick's home to provide care during their illness. Marie informed Social Security about the change of address. Patrick filed for SSI benefits and informed the claims representative about their divorce and the current living arrangement. Because Marie and Patrick are living together, the claims representative followed instructions in SI 00501.152 to determine if they are holding themselves out as married. Neither Marie nor Patrick presents them as married, and there is no indication of a holding-out relationship. Therefore, Patrick is an eligible individual.

The instructions in this section and SI 00501.152 apply to same-sex couples. Also see GN 00210.800 Supplemental Security Income (SSI) Same-Sex Marriages and Same-Sex Couples.

Example: John Stevens applies for SSI and reports that they and William Smith were married in Vermont on October 15, 2009 and they make their permanent home in Louisiana. We accept Mr. Stevens’ allegation that they are married. We recognize Mr. Stevens’ marriage as of the date they were married – October 15, 2009. If Mr. Stevens was not married, but they and Mr. Smith lived in the same household, we would develop for holding out if there was not an obvious reason for them to live in the same household, other than as a couple. For more information about holding out, see SI 00501.152.