Guidelines for Determining Eligibility for Spousal Social Security Benefits
Same-Sex Spouses and Ex-Spouses Eligible for Social Security Spousal Benefits
Same-sex couples can now qualify for Social Security spousal and survivor benefits under the same federal rules as opposite-sex couples, thanks to the Supreme Court's 2015 decision recognising marriage equality.
After the landmark decision in Obergefell v. Hodges, the Social Security Administration (SSA) provides full spousal and survivor benefits to same-sex married couples nationwide, regardless of whether the state recognises the marriage or not. This is because Social Security benefits are governed by federal law, not state law, and the SSA recognises same-sex marriages nationwide.
To claim spousal benefits (including divorced spouse benefits), you must generally be age 62 or older, have been married to your spouse for at least 10 years if divorced, not currently married (for divorced spouse benefits), and your spouse must be eligible for Social Security retirement or disability benefits. These criteria apply equally to same-sex spouses and ex-spouses.
A spouse may receive up to 50% of the other spouse’s full retirement benefit if claimed at full retirement age, but claiming earlier (age 62) reduces the amount permanently. Ex-spouses can claim benefits on the former spouse's record if the marriage lasted at least 10 years, they are unmarried, and meet the age and eligibility criteria.
While states vary in recognising same-sex marriage for some legal purposes, Social Security benefits follow federal definitions and policies, so state differences do not impact SSA benefits eligibility.
It is important to note that you can qualify for spousal benefits at any age if you are caring for a child under the age of 16 or a disabled child entitled to receive benefits based on your spouse's work record.
The application process for Social Security spousal benefits is not complicated and can be done online, by phone, or in person at your local Social Security Administration office. To streamline the application process, have your marriage certificate and other relevant documents ready.
The right time to claim Social Security benefits depends on factors such as health, family history of life expectancy, and how long you wish to work. It is crucial to consider these factors before applying for benefits.
In summary, same-sex spouses and ex-spouses qualify for Social Security spousal and survivor benefits under the same federal standards as opposite-sex couples. The state of residence or state recognition of the marriage does not affect SSA benefits because Social Security is a federal program with nationwide applicability post-Obergefell.
A same-sex spouse or ex-spouse can receive up to 50% of their partner's full retirement benefit, but early claiming permanently reduces the amount. In order to qualify, they must be aged 62 or older, have been married for at least 10 years if divorced, and meet other eligibility criteria, with these standards applying equally to both same-sex spouses and ex-spouses.
Managing personal-finance considerations, such as retirement planning, often requires careful evaluation of Social Security benefits, including spousal benefits, as they can significantly impact a person's financial stability upon reaching retirement age.
