Supplemental Security Income (SSI) and the 25 Percent Marriage Penalties

Supplemental Security Income (SSI) is a federal program administered by the Social Security Administration (SSA) for disabled people, blind people, and older adults who have little to no income and assets. Recipients younger than 65 must have a qualifying disability.[1] SSI provides a modest monthly stipend, also known as cash benefits, and in most states SSI recipients receive Medicaid. As of January 2026, there are approximately 7.4 million SSI recipients nationwide, most of whom have a qualifying disability.

Whether an individual is eligible for SSI and the amount of their monthly stipend depend on their income and assets. People with more income receive less in cash benefits, and having a certain amount in income or assets makes you completely ineligible for SSI. In 2026 the federal maximum monthly stipend for SSI is $994 for an individual and $1,491 for a married couple. Therefore, to be eligible for SSI, an individual’s countable monthly income cannot exceed $994 and a married couple’s combined countable monthly income cannot exceed $1,491. An individual also cannot have over $2,000 in assets and a married couple cannot have over $3,000 in assets. These asset limits have not changed in over 35 years.

Unmarried people who receive SSI benefits are treated as married if SSA decides that they and their partner are pretending to be married. This is known as the “holding out rule.”

In most states, SSI recipients are also eligible for Medicaid, which covers vital services such as Personal Care Attendants (PCAs), Direct Support Professionals (DSPs), certain durable medical equipment (DME), extended hospital stays, and more. Many people with significant disabilities rely on Medicaid to live in the community with services and supports instead of in institutional settings.

When two SSI recipients marry

1. Total monthly stipend
2. Maximum countable income
3. Maximum countable assets

Are 25% less than what the total amounts would be for two unmarried individuals. This is known as the 25% SSI Marriage Penalty.

When an SSI recipient marries someone who does not receive SSI, the couple also faces a 25% asset limit reduction, compared to two unmarried SSI recipients. Additionally, SSI recipients who marry someone not receiving SSI are subject to spousal deeming rules, which are discussed separately.

The maximum monthly federal cash benefit for individuals in 2026 is $994, yet the maximum monthly federal cash benefit for married couples when both spouses receive SSI is $1,491, which means that married couples – when both spouses receive SSI – receive 25% less than the total amount that they could have received if unmarried ($994 x 2 = $1,988).

The 25% cut also lowers the amount of gross monthly income the couple can earn and still qualify for SSI. In 2026, an individual whose income came only from wages could still qualify for SSI if they earn a monthly gross income less than $2,073, but for a couple the corresponding number would be a total of $3,067, approximately $1,533 each. Without the 25% cut, the couple could still qualify for SSI if they earned a total gross income less than $4,061, or approximately $2,030 each.

Finally, the asset limit for individuals is $2,000, yet the asset limit for married couples – even if only one spouse receives SSI – is $3,000, which means that married couples must own 25% less in assets than the amount that they could have owned separately ($2,000 x 2 = $4,000).

This combined reduction in cash benefit amount, income limit, and asset limit would be devastating for many people with disabilities. As a result, they are unable to marry the person they choose.

The 25% penalty that affects spouses who are both SSI recipients is particularly unfair because:

• People with disabilities who receive SSI are often unable to work at the level that they would need to in order to earn back the benefits that they would lose from marriage. When both spouses are on SSI, this becomes especially concerning, as neither spouse would be able to earn enough income to fully support the other due to their disability.
• People receiving SSI are required to have little to no income and over 50% of SSI recipients ages 18-64 live below the federal poverty line. Additionally, SSI beneficiaries are required to have very little assets available to fall back on. Therefore, the partial loss of benefits – although seemingly low – could have dire consequences on them and their quality of life.
• SSI asset limits have not changed for 35 years, but the cost of living has continued to increase, making these limits harsher and harsher over time.
• People with disabilities often have significant disability-related expenses that can make their cost of living higher than that of their non-disabled peers.
• People with disabilities have significantly lower marriage rates and higher divorce rates than people without disabilities. The overall first-marriage rate for people ages 18 to 49 in the United States is 24.4 per 1,000 for people with disabilities and 48.9 for people without disabilities. Additionally, between 2009 and 2018, nearly 1.1 million Americans with disabilities got divorced, while only 593,000 got married. In the same period, 1.5 million Americans without disabilities got divorced, while 5.2 million got married. The 25% penalty no doubt contributes to this disparity, as those with disabilities are disincentivized to marry when it would result in significant losses.

Several bills have been introduced in Congress that would end the 25% marriage penalty for assets.

• H.R.1389 – Marriage Equality for Disabled Adults Act would
  • Allow DAC recipients to marry without losing benefits
  • Eliminate penalties for SSI recipients who marry DAC recipients
  • End the “holding out” rule for all SSI recipients
• S.1234 & H.R.2540 – SSI Savings Penalty Elimination Act would
  • Eliminate 25% asset penalty for married people receiving SSI.
  • Increase SSI asset limits
    • $10,000 if unmarried
    • $20,000 if married
  • Asset limits would adjust annually with inflation
• S.73 – Eliminating the Marriage Penalty in SSI Act (EMPSA) would
  • Eliminate 25% income and asset penalties and spousal deeming of income and assets for people diagnosed with an intellectual or developmental disability receiving SSI

• 42 U.S. Code § 1382(b)(1), (2).
• 42 U.S. Code § 1382(a)(1)(B), (a)(3)(B).
• 42 U.S. Code § 1382(a)(2)(B), (a)(3)(A).
• 42 USC § 1382a(b)(2),(4).
• Social Security Administration, Income Exclusions for SSI Program, available at https://www.ssa.gov/oact/cola/incomexcluded.html.
•  United States Social Security Administration, “Monthly Statistical Snapshot,” January 2026, available at https://www.ssa.gov/policy/docs/quickfacts/stat_snapshot/2026-01.pdf.
• United States Social Security Administration, “Understanding Supplemental Security Income (SSI) Overview — 2025 Edition,” available at https://www.ssa.gov/ssi/text-over-ussi.htm.
• United States Social Security Administration, “Understanding Supplemental Security Income SSI Benefits — 2025 Edition,” available at https://www.ssa.gov/ssi/text-benefits-ussi.htm.
• United States Social Security Administration, “Understanding Supplemental Security Income SSI Resources — 2025 Edition,” available at https://www.ssa.gov/ssi/text-resources-ussi.htm.
• United States Social Security Administration, “SSI Federal Payment Amounts for 2026,” available at https://www.ssa.gov/oact/cola/SSI.html.
• Matt Messel & Brad Trenkamp, “Characteristics of Noninstitutionalized DI, SSI, and OASI Program Participants, 2016 Update,” United States Social Security Administration, available at https://www.ssa.gov/policy/docs/rsnotes/rsn2022-01.html.
• Joseph Shapiro, “Couples say they can’t get married because of this government program’s outdated rules,” NPR (June 20, 2024), available at https://www.npr.org/2024/06/18/g-s1-4991/social-security-ssi-marriage-penalty.
• Sara Luterman, “Marriage could mean losing life-saving benefits for people with disabilities. So they’re protesting,” The 19^th (September 13, 2023), available at https://19thnews.org/2023/09/disability-advocates-marriage-equality-commitment-ceremony/.
• Carly Stern, “Forced to Divorce: Americans With Disabilities Must Pick Marriage or Health Care,” OZY (Apr. 25, 2019), available at http://www.ozy.com/the-new-and-the-next/forced-to-divorce-americans-with-disabilities-must-pick-marriage-or-health-care/92284.
• Wendy Lu, “Dating With a Disability,” The New York Times (Dec. 6, 2016), available at https://www.nytimes.com/2016/12/08/well/family/dating-with-a-disability.html.

[1] 42 USCS § 423(d)