Responsible Relatives

The financial responsibility of relatives of GA applicants/recipients shall be limited solely to married couples; that is, spouse-for-spouse responsibility.

Married Couples

Married couples shall be defined as a man and woman or two individuals of the same sex who are lawfully married and living together in the same home. The statement of the couple that they are legally married shall be accepted and no further verification is required.

Both members of a married couple shall apply and cooperate with all eligibility requirements or both shall be ineligible. If one member of a couple (or a family) fails to cooperate with VS, the period of ineligibility shall apply to both members, if both able to work (or to the family). Refer to Sanctions for Married Couples.

If a couple or family separate after discontinuance due to noncooperation, aid shall not be granted if there are reasons to believe that the separation was to qualify for aid, a greater amount of aid or avoid the application of a period of ineligibility. The case record should indicate when the couple separated and why the separated spouse cannot reasonably be expected to return. If the worker is satisfied that the separation was not due to one of the above, aid may be granted to the person not responsible for the noncooperation.

Married couples living together shall be aided on a single case. Both spouses shall be required to apply together and to sign the application and other documents. All income and property of both spouses shall be included in the eligibility determination.

Separated Spouses

An applicant who is legally married but separated from his or her spouse shall have no financial responsibility for the separated spouse. The applicant shall be required to sign a sworn statement that they are not living together. Examples of separation may include voluntary separation (e.g., legal separation, voluntarily living apart, etc.) or involuntary separation (e.g., spouse in board and care, hospital, jail, etc.).

Common-Law Marriage

California does not recognize common-law marriages entered into within this state. However, such marriages shall be recognized as valid marriages if:

It was entered into in a state which recognizes such marriages, and
All conditions were met so as to satisfy that state's criteria for recognition.

Unmarried, Childless Couples

A man and a woman or two individuals of the same sex who are living together as husband and wife or as a married couple but are not legally married to each other, and who have no children living in that home shall not be considered as a “couple” for General Assistance purposes. They shall be considered as two individuals in shared housing; their eligibility shall be determined separately, and aid shall be established in their own separate cases.

Special Situations

The following are special situations to be considered:

SSI/SSP Spouse

If a spouse receives SSI/SSP or other public assistance, that spouse shall not be financially responsible for the GA applicant spouse, nor shall the income or separate property of that spouse be considered in the determination of eligibility of the GA applicant spouse. The SSI/SSP spouse shall not be required to apply for GA, but is required to sign the Statement of Facts. Verification of SSI/SSP status is required.

Undocumented Non-citizen Spouse

When a married couple includes an undocumented non-citizen, she/he is not eligible to receive GA and will be excluded in determining the Maximum Basic Need rate to be paid to the GA eligible spouse.

Immigration status does not affect the spouse-for-spouse responsibility. All income and property of both spouses shall be included in the determination of eligibility. Refer to Payment Principles for an example of budgeting with an excluded spouse.

The undocumented non-citizen spouse must be added to CalSAWS as a FRE person. All applicable CalSAWS fields, including those related to citizenship/immigration status, must be completed to identify these cases.