How to Get Section 8 When Married But Not Living Together

The Section 8 Housing Choice Voucher program offers rental assistance to low-income families, administered by local Public Housing Agencies (PHAs). Navigating the program’s eligibility requirements can be challenging for those who are legally married but live separately from their spouse. The rules governing household composition and income directly impact qualification for assistance.

Determining Household Composition and Income

A central aspect of Section 8 eligibility revolves around the definition of a “household,” which a PHA uses to calculate total income. According to the Department of Housing and Urban Development (HUD), a family includes the head of household, spouse, and any other residents, regardless of their temporary absence. By default, a married couple is treated as a single economic unit, and the income of both spouses is combined to determine if the household meets low-income thresholds, which are set at 80%, 50%, or 30% of the Area Median Income (AMI).

The standard approach of counting a spouse’s income is not absolute, as specific exceptions exist for spouses who are not living in the unit. The distinction a PHA will make is whether the absent spouse is considered “temporarily absent” or “permanently absent.” If a spouse is deemed temporarily absent, their income must be included in the household’s annual income calculation, which applies to situations like military deployment.

A spouse’s income may be excluded if they are considered permanently absent from the household. This can occur in a long-term, informal separation where the absent spouse has established a separate, permanent residence. Another instance is when a spouse is confined to a hospital or nursing home with no expectation of returning to the family home.

Incarceration of a spouse can also lead to their exclusion from the household for income calculation purposes. If a spouse is imprisoned for a long duration, the PHA may determine them to be permanently absent. In all these cases, the applicant must provide verifiable proof to the PHA that the separation is permanent and the absent spouse will not reside in the assisted unit.

Required Documentation for Proving Separation

To successfully exclude an absent spouse’s income, an applicant must provide the PHA with evidence that the separation is permanent. The specific documents required can vary by PHA, but they all serve the purpose of verifying the spouse’s separate living situation and financial independence. This documentation is fundamental to substantiating the claim that the two individuals function as separate households.

Proof of separate addresses is a primary form of evidence. Applicants can submit copies of utility bills, bank statements, or driver’s licenses showing different addresses for each spouse. A signed lease agreement or mortgage statement in the absent spouse’s name for a different property is also powerful evidence.

Legal documents can provide official validation of a separation. While a divorce decree is the most definitive, a court-filed legal separation agreement is also strong evidence. In situations involving domestic conflict, a restraining order or order of protection can serve as proof that the spouses are living apart and are prohibited from cohabitating.

Official correspondence from an institution can confirm a spouse’s location when they are not living in a standard residence. A letter from a correctional facility’s administrative office stating the spouse’s incarceration and expected sentence length can establish them as permanently absent. Similarly, a letter from a nursing home or long-term care facility can confirm the spouse’s residency and the unlikelihood of their return. A sworn statement from the applicant attesting to the permanent nature of the separation may also be required.

The Application Process

On the standard application form, you must list your legal marital status correctly. You will then need to specify your household composition, listing only yourself and any dependents who will live with you. The absent spouse should not be listed as a member of the applicant household.

The application will likely have a specific section to provide details on any absent family members, including a spouse. Here, you must clearly indicate that your spouse is permanently separated from the household and will not be living in the assisted unit. This is the section where you explain the circumstances, such as informal separation, institutionalization, or incarceration.

Submitting the application must be accompanied by all the documentation you have gathered to prove the separation. After submission, you will receive a confirmation and be placed on a waiting list, which can be long. When your name reaches the top of the list, the PHA will schedule an eligibility interview to review your application and all supporting documents.

During the eligibility interview, a PHA representative will review the evidence of your separation. They will ask questions to verify the information and ensure it aligns with HUD and local policies. This is your opportunity to present your case clearly and answer any questions the PHA may have about your living situation and why your spouse’s income should be excluded.

Post-Application Reporting Responsibilities

Once approved for a Section 8 voucher, the applicant’s responsibility to communicate with the PHA continues. All participants are required to report any changes in their family composition or income to the PHA promptly. This is typically within 10 to 30 business days, depending on the specific PHA’s policy.

A significant change that must be reported is any shift in your marital situation. If you and your separated spouse reconcile and they move back into the household, this must be reported immediately. Their presence and income would be added to your household calculation, which could affect your eligibility or the amount of your housing subsidy.

The finalization of a divorce is another event to report. While you may have already been treated as a separate household due to the separation, a divorce decree is a legal change in status that must be documented in your file. Other reportable changes include shifts in income for any household member, or a change in the number of dependents living in the unit.

Failing to report these changes in a timely manner can have serious consequences. If a PHA discovers an unreported change, such as a spouse moving back in, it can lead to the termination of housing assistance. In some cases, the PHA may also require the family to repay any subsidy that was paid on their behalf during the period of non-compliance.