New Bill Shakes Up Social Security Benefits by Eliminating the ‘Marriage Penalty’—Here’s Who Gains
Proposed legislation in the U.S. Senate aims to eliminate the “marriage penalty” in Social Security benefits for adults with intellectual or developmental disabilities.
The Eliminating the Marriage Penalty in SSI Act (EMPSA), introduced by Senators Jerry Moran and Chris Van Hollen, seeks to protect recipients’ benefits from being reduced or eliminated due to marriage.
What to Know
The marriage penalty in Supplemental Security Income (SSI) programs has created challenges for recipients, including reduced monthly benefits and lower asset limits for married couples.
Asset Limit Disparity: Individuals face a $2,000 resource limit, while married couples receive only $3,000—amounting to a 25% reduction in the per-person allowance for married recipients.
Reduced Benefits: The maximum monthly SSI payment for 2025 is $967 for individuals, but only $1,450 for married couples in which both individuals receive SSI—a 25% decrease in combined benefits.
Changes Proposed by EMPSA
If enacted, EMPSA would reshape Social Security rules as follows:
Preserved Benefits: Married individuals would no longer see their SSI benefits reduced based on their spouse’s income or resources. This ensures that married recipients can retain full benefits.
Broader Eligibility: Adults over 18 with intellectual or developmental disabilities would remain eligible for full benefits as long as they meet individual income and resource limits.
Adjusted Deeming Rules: The legislation removes the “deeming” of spousal income and resources, ensuring marriage does not reduce SSI payments.
The bill’s proposed changes would take effect 180 days after passage.
Historical Changes in SSI Payments
SSI benefits for individuals and couples have steadily increased from 1975 to 2025, but disparities persist.
Married couples have long received less combined support compared to unmarried individuals, discouraging marriage among recipients.
EMPSA aims to resolve this issue by allowing adults with intellectual or developmental disabilities to marry without jeopardizing their financial security.
Lawmakers Propose Bipartisan Bill
Senator Chris Van Hollen, a Democrat from Maryland, emphasized the bipartisan nature of the bill in a previous statement:
“This legislation will help people with disabilities strengthen their financial security while supporting their freedom to marry. I’m optimistic about its prospects.”
Senator Jerry Moran echoed this sentiment in a press release: “Our policies should empower individuals with disabilities to live a full and independent life, including the option to get married.”
When Can Social Security Recipients Expect Benefits
The bill is under review by the Senate Finance Committee. If passed, the Social Security Administration will need to update its administrative systems and communicate the changes to recipients.
For eligible individuals, this legislation represents an opportunity to receive higher benefits and avoid penalties that previously discouraged marriage—potentially improving financial security for thousands of Americans.
Hope For Equitable Benefits
The SSI marriage penalty has drawn widespread criticism for years. Spouses’ incomes and resources have historically factored into eligibility and benefit calculations, penalizing recipients who wish to marry.
EMPSA proposes a transformative change by excluding spousal income and assets from calculations for adults with disabilities, removing a key barrier to marriage and promoting equality among SSI beneficiaries.
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