W was a beneficiary of wife’s social security benefits. She was involuntarily confined to a state mental hospital. Her husband, H, was the representative payee for her social security benefits.

H used a portion of W’s social security benefits for her maintenance and support. He submitted a query to social security as to whether he could apply the remainder of her benefits to his own maintenance and support.

H owed obligations with respect to a home the parties had owned for 25 years. He had a meager income from his own social security benefits and from odd jobs here and there.

A state statute provided that family expenses were chargeable to both husband and wife or either of them and they could be sued both jointly or separately for such expenses.

H and W’s separation was involuntary due to wife’s chronic mental illness.

Under these circumstances, it was determined that H could use a portion of W’s benefits for his own support.

See Social Security Ruling (SSR) 65-53.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.