Social Security

Questions To Consider:

Would you have been married at the time of your partner’s death if unconstitutional state laws hadn’t prevented you from doing so?

Would you have been married longer if not for unconstitutional state laws that prevented you from marrying earlier?

Surviving same-sex partners and spouses previously excluded from receiving Social Security survivor benefits may now qualify for benefits. If you were in a same-sex relationship—but not legally married—with a partner or spouse who passed away, you may qualify for benefits based on your partner’s or spouse’s record.

You may qualify for survivor benefits if either of the following is true:

1. You would have been married at the time of your partner’s death if unconstitutional state laws hadn’t prevented you from doing so.
2. You would have been married longer if not for unconstitutional state laws that prevented you from marrying earlier.

If you think you may qualify based on the categories above, contact Social Security for more details and to apply.

Even if you were previously denied survivor benefits because you did not meet the marriage requirement due to unconstitutional laws, you can ask SS to reopen, or take another look at, your claim.

If you were previously denied and Social Security finds that you qualify for benefits, you may be due retroactive benefits.

What to do when a spouse dies

1. Claiming Survivor Benefits: Social Security should be notified as soon as possible when a person dies. You cannot report a death or apply for survivor benefits online.
2. Call 1-800-772-1213
3. Or, contact your local Social Security office

Surviving Spouse Benefits

1. Receive reduced benefits as early as age 60
2. Begin to receive benefits as early as age 50 if you have a disability (that started before or within 7 years of the spouse's death)
3. Receive survivor benefits at any age, if you haven’t remarried and take care of the deceased worker's child under age 16 or have a disability and receive child’s benefits.

Surviving Divorced Spouse Benefits

1. You could get benefits the same as a surviving spouse, provided that your marriage lasted 10 years or more.
2. Surviving divorced spouse benefits won't affect the benefit amount for other survivors getting benefits on the worker's record.
3. If you remarry after you reach age 60 (50 if you have a disability), the remarriage will not affect your eligibility for survivor benefits.

Survivors Benefit Amounts

1. 100% Surviving spouse, full retirement age or older
2. 71½ - 99% Surviving spouse, age 60 through full retirement age
3. 71½% Surviving spouse with a disability aged 50 through 59
4. 75% Surviving spouse, any age, caring for a child under age 16

Marriage Equality But Not Divorce Equality

1. LGBTQ+ couples are at the start of a divorce boom
2. Unique concerns:
   • Custody and Child Support: “Paternity Presumption”
   • If you lived together longer before marriage was legal than the length of your marriage:
     • Unfair property division 
     • Alimony/Palimony

Additional Resources:

Webinar: Savvy Social Security Planning

The Social Security Solvency Myth: 7 Common Misbeliefs

Video: Don't Let a Spouse's Death Derail Your Retirement

Social Security & Medicare: What Same-Sex Couples Need to Know

Social Security for LGBTQ+ People