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Married - Living Apart from Spouse

If you live in the same household with a person of the opposite sex, SSA may consider you to be married.

A man and woman are "married" for SSI purposes if they are living in the same household and are married under the laws of their State; or if they are holding themselves out as husband and wife to the community in which they live; or if one is entitled, as the spouse of the other, to Social Security benefits.

NOTE: Before April 2005, students who were married or heads of household were not eligible for the Student Earned Income Exclusion (SEIE) even if they met the other criteria to be considered a student. Eligibility was expanded under H.R. 743, the Social Security Protection Act of 2004 (Public Law 108-203). Effective April 1, 2005 you can qualify for the SEIE if you are under age 22 and you are a student regularly attending school.

Source

Some information for this topic was drawn from the SSA website at:
http://policy.ssa.gov/poms.nsf/lnx/0500820510
http://www.socialsecurity.gov/legislation/legis_bulletin_030404.html


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