Same-Sex Married Couples and Social Security Benefits
History of Same-Sex Marriage in the U.S.
On June 26, 2015, the U.S. Supreme Court made a historic ruling in Obergefell v. Hodges, legalizing same-sex marriage across all 50 states. This 5-4 decision ensured that same-sex couples have the same marriage rights as opposite-sex couples.
Before this ruling, the Defense of Marriage Act (DOMA), signed into law by President Bill Clinton in 1996, defined marriage as between one man and one woman. DOMA was intended to protect traditional marriage but was ultimately overturned by the Supreme Court’s decision.
Today, the Social Security Administration (SSA) fully recognizes same-sex marriages, ensuring that same-sex couples are entitled to the same benefits as heterosexual couples, including spousal, survivor, and death benefits.
How the SSA Recognizes Same-Sex Marriage
The SSA recognizes same-sex marriages in all states, regardless of state laws. Additionally, it recognizes certain non-marital legal relationships—such as domestic partnerships and civil unions—for specific benefits.
Same-sex marriages are acknowledged for purposes of determining eligibility for:
- Social Security benefits
- Medicare
- Supplemental Security Income (SSI)
SSA and Survivor Benefits for Same-Sex Couples
In 2021, the SSA implemented new rules to expand survivor benefits for same-sex couples. These rules were designed to provide benefits to couples who were previously denied them due to unconstitutional state laws.
Other Social Security Benefits for Spouses
- Spousal Benefits: If a spouse is receiving Social Security benefits, the other spouse may be eligible for benefits based on their partner’s work record.
- Divorced Spouse Benefits: A divorced person may qualify for spousal benefits if they were married for at least 10 years and are not currently remarried.
Domestic Partnerships and Social Security
Domestic partnerships became a recognized legal option in the U.S. in the early 2000s, following the gay rights movement of the 1980s. These partnerships offer a legal alternative to marriage, but benefits eligibility varies.
The SSA recognizes common-law marriages in states where they are legally valid. These states include:
- Colorado
- Iowa
- Kansas
- Montana
- New Hampshire
- Oklahoma
- Rhode Island
- South Carolina
- Texas
- Utah
If the domestic partnership meets the qualifications, partners are entitled to spousal and survivor benefits.
How Does the SSA Recognize Domestic Partnerships?
The SSA treats domestic partnerships as marriages for the purposes of benefits if the state in which the couple resides grants inheritance rights to the partner without a will. The date the domestic partnership begins is considered the marriage date for determining eligibility for Social Security benefits.
Requirements to Qualify for Benefits as Domestic Partners
To qualify for spousal benefits, individuals in registered domestic partnerships must meet all other requirements, including the stipulation that the state law must allow inheritance rights in the absence of a will.
What Should You Do If You Think You’re Entitled to Benefits?
If you believe you may be entitled to Social Security benefits, contact the SSA to apply, even if you’re unsure. It’s always better to apply and find out.
What Should You Do if Your Circumstances Change?
If you get married, enter a non-marital legal relationship (like a domestic partnership), or get divorced, you must notify the SSA. These changes may affect your eligibility for Social Security benefits.
Conclusion
The SSA now ensures equal treatment for same-sex couples, offering the same Social Security benefits available to heterosexual couples. Understanding how the SSA recognizes marriages and domestic partnerships is crucial for ensuring you receive the benefits you’re entitled to. Always keep the SSA informed of any life changes that could impact your eligibility.
