12th Jan 25 1:34 pm
JamieFor many people, the ultimate goal of a loving, happy romantic relationship is marriage. You might have pictured the wedding day, dancing at the reception, leaving for the honeymoon, and then the years of day-to-day life where you clean house, raise children, cook dinner, and fall asleep together every night. They are beautiful dreams and everyone should be able to make them a reality. However, if you are disabled, you may find that you are suddenly faced with a choice: get married like you have always dreamed or remain single so you can get the benefits and support you need to survive. This is not a choice anyone should have to make, but for many couples in which one or both partners are disabled, it is the difficult reality they face. Marriage and disability should not be opposing decisions, but if they feel like they are for you, an experienced Colorado divorce attorney may be able to assist you in determining how to find a compromise that gives you the benefits and support you need while also having the relationship you deserve. Call Colorado Divorce Law Group at (720) 593-6442 to continue the discussion about your legal rights.
The United States Government Publishing Office published a transcript from a House Hearing in May 2022 which stated that in addition to being underpaid and underemployed, disabled people require an additional $17,000 per year just to live at the same standard as many non-disabled people. Because of these factors, many disabled people are forced to rely on government support such as Supplemental Security Income (SSI), Medicaid, food stamps, and housing vouchers just to survive. In order to receive these types of assistance, individuals must fall into certain low-income brackets.
These income brackets limit the disabled individual’s income and assets. While the individual’s income and assets are the only things that count when they are single, their spouse’s income and assets also count if they marry. Additionally, if an individual marries and later divorces their spouse, any child and spousal maintenance they may receive as a result of the divorce will could as part of their income, potentially restricting their ability to qualify for necessary assistance. Even though child or spousal maintenance may count as income for a disabled individual hoping to receive SSI or Medicaid, a disabled individual receiving SSI may not be ordered to pay either type of support or may modify existing orders, which can then present a problem if both the disabled individual and their former spouse are low-income, especially if they have children. The rules and regulations surrounding marriage and disability are not in favor of those with disabilities, unfortunately.
In order to receive disability income such as SSI or other supports like Medicaid, individuals must have an income below a certain threshold and their assets also cannot exceed a specific level. These limits are different for single individuals and married individuals. The Social Security Administration limits individuals to a maximum $1,971 per month in income, with an additional maximum $963 in gifts, pensions, and other sources. Married couples are limited to a maximum of $2,915 per month in income and a maximum of $1,435 per month from gifts, pensions, and other sources. The Social Security Administration limits individuals to $2,000 in countable resources, while married couples are limited to $3,000 (which averages $1,500 per person), regardless of whether one or both spouses are disabled. The Colorado Department of Health Care Policy and Financing indicates the same limits for receiving Medicaid unless one of the spouses is institutionalized.
At first glance, these numbers are extremely restrictive. However, there is a limited list of things that are not considered part of the individual’s or couple’s countable resources. These are assets such as the home the person lives in and the land that home is on, a motor vehicle as long as the individual or someone in their household uses it as transportation, burial plots for the individual and their immediate family and burial funds up to $1,500 for the individual and their spouse, household goods and personal effects, and a few other assets. While this may sound like it makes for a more comfortable life for a disabled individual, Brandeis Heller School for Social Policy and Management indicates that one-quarter of all disabled households spend more than half their monthly income on rent or housing costs, compared to only 15% of households with no disabled individuals.
Certain disabled adults are referred to as disabled adult children (DAC). These individuals developed their disability before the age of 22 and qualify for SSI based on their parent’s employment record rather than their own. For these individuals, the connection between marriage and disability is different.
If a DAC marries another individual who is a social security beneficiary, their eligibility for benefits will remain unchanged. However, if the DAC marries an individual who is not a social security beneficiary, they lose their eligibility based on their parent’s work record. This means that they lose their benefits, and also means that if they were to divorce in the future, they would likely have to qualify for benefits on their own rather than being able to use their parent’s work record as they did before.
Any decision to move a relationship to the next step is a personal decision that the couple should make for themselves. However, when it comes to marriage and disability, it is not unreasonable that the couple may question if they should avoid marriage because one or both partners are disabled. For these couples, the decision to marry or not marry must be based on more than just their love for each other.
Married couples are able to take advantage of tax deductions, employee leave benefits, insurance through one spouse’s employer for the whole family, family rates and discounts, applying for foster care, and immigration-related legal rights. Married couples are able to visit each other if one of them is hospitalized without the risk of being turned away due to not being family. Spouses are often the first person given the option to make decisions for an incapacitated individual if the individual does not have a power of attorney or living will to dictate what should happen.
Upon marriage, the spouse’s income and assets are counted among the countable resources that determine a disabled individual’s eligibility for SSI and other benefits they may need. This may mean that one of the spouses would need to sell a home or otherwise transfer a significant number of assets in order to be below the threshold of allowed resources or the disabled spouse must be willing to give up their benefits if their new spouse’s income and assets push them over the limit for countable resources. If the disabled individual remains single, even if they are living with their romantic partner, the partner’s assets and income are not countable as part of the disabled individual’s countable resources. However, they also may not be able to visit each other in the hospital if hospital policy only allows family to visit. Even with a power of attorney, the couple may not be able to make decisions for each other if one of them becomes incapacitated.
Another consideration is whether the unmarried couple opts to have children. If they do, and their income is low enough for them to seek Medicaid coverage for their child or children, Medicaid often requires the non-custodial parent to pay child support in order for a child to receive Medicaid. This can cause several issues for the family, including being denied Medicaid for the child or being required to file a parenting plan granting one parent custody and forcing the other to pay child support in order to qualify for Medicaid legally. Couples who are considering remaining single and having children so the disabled partner can continue to qualify for income and benefits may want to consult with a divorce attorney at Colorado Divorce Law Group to learn more about how this decision may impact both the couple and their future children.
Couples who marry generally promise to love and care for each other “till death do us part.” Most of those couples mean those words and are both willing and able to stand by their spouse emotionally and physically after disability. However, financially, they may feel it makes more sense to get divorced so the disabled spouse can more easily qualify for income and benefits. Like the decision to marry, the decision to divorce is also a very personal decision that the couple must make. In the same way that deciding to marry can have significant consequences on a disabled individual’s eligibility, divorce may also have significant and unintended consequences that the couple may not see as they consider marriage and disability.
Upon getting legally divorced, the disabled individual would be considered single again. This means their asset and income limits would revert to the limits for single people, which would give them slightly more financial room for income and assets. The couple can continue to live together and continue their romantic relationship without the legal label of marriage. This may give the couple more income and assets, as the non-disabled spouse’s income and assets do not count toward the disabled individual’s income and assets when qualifying for SSI or Medicaid. This potentially means that the couple would be able to have more money and assets after divorce than if they remain married.
After divorce, the couple would lose the “perks” of marriage such as tax deductions, which may decrease available income, and being eligible for their spouse’s employer-sponsored health insurance. If the disabled person does not qualify for SSI or Medicaid for other reasons, but does not have a high enough income to afford health insurance on their own, they could find themselves in a “coverage gap.” This “coverage gap” affects non-disabled people as well, but can leave disabled people particularly vulnerable as they often have additional medical needs that are unaffordable without some kind of insurance coverage.
Additionally, after divorce, the disabled individual may be receiving child support or spousal maintenance. These two supports would be considered under the additional income they can receive each month and may exceed the limits set by the Social Security Administration. This means that divorce could potentially leave the disabled individual ineligible for the exact benefits that they were seeking to qualify for when they got a divorce. While it may be possible to waive spousal maintenance by coming to an agreement with their spouse, child support is not optional in a divorce. Also, if the court decides that the agreement the couple has made to waive spousal maintenance is not in the best interests of the disabled individual, they can ignore such an agreement and order spousal maintenance anyway.
Unfortunately, as a disabled adult, you are often treated much differently than your non-disabled peers. From often being treated like a child simply because of your disability to the laws surrounding marriage and disability, life for a disabled adult can be extremely difficult. The financial struggles that you may face can be made worse or better by both marriage and divorce. Therefore, whatever your relationship status is, the decision to legally change that status must be carefully thought through to ensure you understand all the potential positive and negative consequences of that decision. If you are considering either marriage or divorce and would like guidance regarding how that decision will impact your disability benefits, an experienced Colorado divorce attorney with Colorado Divorce Law Group may be able to advise you. Call us at (720) 593-6442 for a consultation in our Littleton or Fort Collins offices for more information on how your marital status may impact receiving disability benefits.
