Benefits for Spouses of Incarcerated Individuals – What You Need To Know

What Benefits Can You Possibly Get?

Here are some of the needs-based benefits that you may qualify for:

1. Social Security Benefits

When someone goes to prison for more than a month, all their social security benefits will stop. This can be temporary or permanent depending on their prison sentence and the type of benefits they’re receiving.

However, if you’ve been receiving social security benefits on your spouse’s account before they went to prison, you may continue receiving them.

Now, if your spouse isn’t receiving any form of social security benefit before they got carted off to prison, you won’t be able to claim benefits under their account.

You may, however, apply for social security benefits on your own account – provided that you meet the SSA’s requirements.

For instance, if you have enough work credits and can prove that you have a disability, you may qualify for SSDI. Or if your income and resources fall below a certain threshold, you may be able to claim SSI.

You can contact your local SSA office to find out if there are any benefits you may qualify for.

2. Veterans Cash Benefits

If your spouse was receiving VA cash benefits, they will be reduced or completely terminated once they’re:

• convicted of a felony and;
• imprisoned for more than 60 days

However, any benefit not paid to the veteran in prison can be apportioned to their spouse, children, or dependent parents.

For instance, if your spouse was receiving a VA pension, the payments will completely stop upon their 61st day in prison. The full amount can then be apportioned to you and your children.

Apportionments, however, are contingent upon individual needs. Meaning, you will need to prove to the VA that you have low income and limited resources to qualify for apportionment.

According to the VA, they determine your individual needs by considering different factors like:

• your income and living expenses
• the amount of benefit to be apportioned
• the income and living expenses of other dependents (if any)

Apportionments aren’t automatically granted, though. You must file a claim for it.

3. Temporary Assistance to Needy Families (TANF)

As the name suggests, TANF is meant to assist families when a parent can no longer provide their basic needs. It’s administered on a state level so the policies and amount tend to vary across the country.

But in general, you’ll qualify for TANF if you are:

• a US citizen, US national, or legally qualified alien
• a resident of the state in which you apply
• unemployed or underemployed and have very low income

Some states also require that you are:

• pregnant or taking care of a child below 18 years old
• under the age of 18 and the head of your household

To determine your state’s eligibility requirements, you can contact your state’s TANF office.

4. Supplemental Nutrition Assistance Program (SNAP)

More commonly known as “food stamps”, SNAP is granted to low-income individuals and families. They can use this to buy food in authorized retail food stores.

SNAP eligibility requirements can vary per state. But in general, your eligibility will depend on:

• your gross income
• your total expenses
• your assets

Your gross and net income must be below the poverty line and your assets below a certain threshold to qualify for SNAP.

Wrapping It Up

Living with an incarcerated spouse can be incredibly difficult, both emotionally and financially.

For those struggling with financial hardship due to having a partner in prison, there are options available that can help you navigate through potentially difficult times. Social Security, VA benefits, SNAP, and TANF are all programs designed to provide practical assistance for spouses of incarcerated individuals.

While the situation may daunting and even overwhelming at first, by researching your options and understanding the process, you can create a plan to connect with resources that will prove helpful during this difficult time.

Most importantly, never feel ashamed or embarrassed to ask for help in this journey; just remember that you are not alone.