Ending the Marriage Penalty under New SSI Bill Secures the spousal income

Proposed legislation in the U.S. Senate, known as the “Eliminating the Marriage Penalty in SSI Act” (EMPSA), could transform the lives of disabled adults who rely on Supplemental Security Income (SSI) for financial stability. The bill aims to address a long-standing issue in the Social Security framework: the “marriage penalty,” which reduces or eliminates benefits for SSI recipients who marry. Introduced by Senators Jerry Moran (R-Kan.) and Chris Van Hollen (D-Md.), this bipartisan initiative seeks to ensure that disabled individuals can marry without risking the loss of critical financial support.

For decades, the marriage penalty has discouraged individuals with disabilities from pursuing marriage, as a spouse’s income and assets are factored into SSI eligibility and benefit calculations. This article explores the impact of the proposed legislation, the existing challenges in the SSI system, and how this bill could reshape financial independence for disabled Americans.

The Marriage Penalty and Its Impacts on SSI Recipients

Currently, SSI benefits are designed to support low-income individuals with disabilities or those aged 65 and older. However, the program’s rules penalize recipients who marry by combining their resources with their spouse’s income and assets. This results in reduced monthly payments or, in some cases, complete ineligibility.

For instance, under the existing rules:

• The maximum SSI payment in 2025 is $967 per month for an individual and $1,450 for a married couple where both spouses receive SSI. This equates to a 25% reduction in total benefits compared to two unmarried individuals receiving benefits separately.
• The asset limit for individuals is $2,000, while married couples are restricted to $3,000—a mere $1,000 increase despite covering two people.
• These limitations disproportionately impact adults with intellectual or developmental disabilities, who often rely on SSI as their primary source of income. The marriage penalty creates financial disincentives, forcing many individuals to choose between financial stability and personal relationships.

What the Eliminating the Marriage Penalty in SSI Act Proposes

The EMPSA introduces several key changes to address these longstanding inequities:

Exclusion of Spousal Income and Assets

Under the proposed legislation, a spouse’s income and resources will no longer be counted when determining SSI eligibility and benefit amounts. This ensures that recipients can marry without financial penalties.

Retention of Full Benefits for Married Couples

The bill would eliminate the reduction in benefits for married couples, allowing each individual to receive the full SSI payment they qualify for as individuals. This would restore financial parity between single and married recipients.

Enhanced Protections for Disabled Adults

Adults over 18 with intellectual or developmental disabilities would be protected under the new rules, as long as their individual income and assets remain within eligible limits.

Implementation Timeline

If passed, the changes would take effect 180 days after the bill’s enactment, giving the Social Security Administration (SSA) time to update its systems and inform beneficiaries of the new rules.

How This Legislation Addresses Long-Standing Issues

The marriage penalty has been a source of frustration for decades, as it effectively traps SSI beneficiaries in poverty by penalizing them for marrying. Despite cost-of-living adjustments (COLA) over the years, the disparity between individual and married benefits has remained unchanged. For example, while individual SSI payments have risen steadily since 1975, the combined benefits for married couples have lagged significantly behind.

Advocates for disability rights argue that these outdated rules contradict the spirit of inclusivity and independence promised by the Americans with Disabilities Act (ADA). By removing the marriage penalty, the EMPSA seeks to align SSI policies with the ADA’s goal of empowering individuals with disabilities to lead full and independent lives.

Why This Bill Matters

The EMPSA has garnered widespread support from lawmakers, advocacy groups, and policy experts.

For many SSI recipients, losing benefits due to marriage can mean the difference between meeting basic needs and falling into financial hardship. The EMPSA ensures that individuals can retain their financial independence regardless of their marital status.

By eliminating barriers to marriage, the bill promotes greater social inclusion and equality for individuals with disabilities.

The proposed legislation addresses decades-old rules that no longer reflect the realities of modern life. By removing the marriage penalty, the EMPSA brings SSI policies in line with current societal values.

What Experts Are Saying

The proposed legislation has sparked a wave of support from disability advocates, financial analysts, and policymakers:

Senator Jerry Moran (R-Kan.): “Our policies should support and empower individuals with disabilities to live a full and independent life, including the option to get married. This sensible legislation ensures that benefits are not diminished because of marital status.”

Senator Chris Van Hollen (D-Md.): “This bill helps people with disabilities strengthen their financial security while supporting their freedom to marry. As a common-sense, bipartisan solution, we’re confident in its prospects.”

Mary Johnson, Social Security Policy Analyst: “Since SSI beneficiaries are low income, they frequently are recipients of Medicaid and other state-administered benefits. Federal legislation may bring more consistency to how and when adjustments to benefits are made.”

Darcy Milburn, The Arc of the United States: “Congress must update outdated rules that trap SSI beneficiaries in poverty, penalize them for marrying, and constrain their financial independence.”

What Happens Next?

The EMPSA has been referred to the Senate Finance Committee for further review. If approved, the legislation will require significant updates to SSA administrative systems and communication efforts to inform recipients of the new rules. The bill’s bipartisan support and endorsements from major advocacy organizations, such as the Autism Society of America and National Down Syndrome Society, indicate a strong likelihood of passage.

While the financial implications of expanding SSI benefits remain a concern, policymakers and advocates are optimistic about finding a solution that balances budgetary constraints with the need for reform.

The “Eliminating the Marriage Penalty in SSI Act” represents a pivotal step toward equality and financial stability for disabled Americans. By removing the marriage penalty, the legislation empowers individuals with disabilities to make personal decisions without sacrificing their financial security. For millions of SSI beneficiaries, this proposed change offers hope for a fairer and more inclusive future.

As the bill progresses through Congress, staying informed and advocating for its passage will be critical in ensuring that these long-overdue reforms become a reality.