Can a Same-Sex Spouse Receive Social Security Spousal or Survivor Benefits After Divorce?

Marriage comes with many benefits. For example, marital status is important in determining who is entitled to Social Security retirement, survivors, disability, and Medicare benefits. If you are in a same-sex relationship or have been divorced from such a marriage, you may wonder if you are entitled to receive these benefits.

The answer is yes. Same-sex spouses receive the same benefits as couples in heterosexual relationships. The Social Security Administration (SSA) treats these marriages as the same under the 2015 Supreme Court decision that gave same-sex couples the constitutional right to marry in all states and to have their marriages recognized by other states. The SSA recognizes same-sex marriages nationwide, regardless of where the couple lived or where the divorce was finalized.

A person can receive survivor benefits as long as they have been married to the deceased worker for at least nine months. Survivor benefits can be up to 100% of their benefit, even if the marriage lasted less than 10 years. This is especially true if you had a legally recognized relationship and were not yet allowed to marry because your state did not allow same-sex marriage.

Survivor benefits are governed by remarriage rules. Remarriage before age 60 generally ends survivor benefits, but remarriage after age 60 does not affect survivor benefits.

A same-sex spouse can also receive Social Security spousal benefits after divorce as long as the marriage lasted at least 10 years. Divorced spouses are allowed to claim up to 50% of their ex-partner’s benefit. The applicant must be unmarried and at least 62 years of age.

To show that your relationship lasted for at least 10 years, you may need to show proof that you and your spouse were a couple before 2015. You may need to provide:

• Marriage and divorce records.
• Proof of civil union or domestic partnership.
• Joint financial documents.
• Shared housing records.
• Affidavits or sworn statements

This information can help establish the length and nature of the relationship.

How Remarriage Affects Benefits

If you remarry, you generally cannot receive spousal benefits based on a former spouse’s work record while the new marriage is in effect. Instead, you may become eligible for spousal benefits on your current spouse’s record.

However, there is an exception. If your later marriage ends due to death, divorce, or annulment, you may once again qualify for benefits based on a prior spouse’s record, assuming all other requirements are met.

You may be entitled to higher benefits based on your own work record or your new spouse’s record, and the SSA will generally pay the highest amount available.

Contact Us Today

Social Security benefits are available to same-sex couples if one partner is deceased or divorced, but certain eligibility rules apply.

A Murfreesboro divorce attorney from The Law Office of David L. Scott can assess your situation and help you understand what benefits you are entitled to receive through Social Security as a part of being married or divorced. Schedule a consultation with our office today. Contact us via (615) 896-7656 or online here.