On June 26, 2015, the U.S. Supreme Court issued a decision in Obergefell v. Hodges, holding that same-sex couples have a constitutional right to marry in all states and have their marriage recognized by other states. This decision made it possible for more same-sex couples and their families to benefit from the Social Security Administration Programs.

Survivors’ Benefits for Same-Sex Partners

More surviving same-sex partners may now qualify for Social Security survivors benefits. If you were in a same-sex relationship with a partner who passed away, you might qualify for Social Security survivors benefits based on your partner’s work record.

You may qualify for survivors benefits if any of the following are true:

• You would have been married at the time of your partner’s death if unconstitutional state laws hadn’t prevented you from doing so.

• You would have been married longer if not for unconstitutional state laws that prevented you from marrying earlier.

• In some cases, people who are in non-marital legal relationships like civil unions or domestic partnerships may also be entitled to benefits as a married person.

Your Marital Status is Important in Determining Your Entitlement

Your marital status is important in determining your entitlement to retirement, survivors, Medicare, and disability benefits. You or your spouse could be entitled to benefits, or a higher benefit amount, based on your marital relationship. Your children or stepchildren could also be entitled to benefits. For some surviving spouses, divorced spouses, and adults who developed a qualifying disability during childhood, benefits could end if they marry.

Marriage may also affect your Supplemental Security Income (SSI) eligibility or payment amount. This benefit is based on one’s disability, marital status, spouse’s income, and resources.  If your potential partner is receiving SSI Benefits, know that the household income is a factor in determining the amount of the partner’s monthly SSI check.  If you and your spouse receive SSI Benefits, you will be paid as a couple, not as an individual, and that amount is quite a bit less than if you were paid as an individual.  For example, this year, 2022, for a qualifying individual receiving SSI, the full amount is $841.00.  A couple would be paid $1261.00 per month.  You can do the math to see how much less a couple would receive. 

If you have lost a spouse with a work record, contact the Social Security Administration at 1-800-772-1213 to see if you qualify for Survivors Benefits, and by all means, make the application to obtain the benefits that you deserve.

If you need help in knowing your rights or needing help to apply for an appeal, contact our helpline at 501-376-3423 (Monday-Friday, 9 am-4 pm).

AUTHOR: VIRGINIA HOLLINSHED, PARALEGAL, FOR THE CENTER FOR ARKANSAS LEGAL SERVICES