Claiming Rules
Understanding State Law Challenges for Same-Sex Couples in Social Security
Verified against SSA POMS as of September 25, 2026
The short answer
Same-Sex Couples face unique challenges due to varying state laws on marriage recognition. The Social Security Administration (SSA) considers factors like unconstitutional state laws that previously barred same-sex marriage, impacting eligibility for benefits such as widow(er)’s benefits. Key cases, like Ely v. Saul and Thornton v. Commissioner of Social Security, have shaped how these claims are processed.
Eligibility and Marriage Duration Requirements
The SSA may not deny survivor benefits to same-sex couples who could not meet the 9-month marriage duration requirement due to unconstitutional state laws prohibiting same-sex marriage. According to GN 00210.805, if it is determined that a couple would have married earlier but for such laws, they can be deemed to meet the required duration (Ely Decision).
GN 00210.805 View source ›Evaluating State Law Impacts
The SSA evaluates claims involving same-sex couples by considering when states first permitted same-sex marriages, as per GN 00210.003. This evaluation helps in determining the validity of marriages and relationships during periods when state laws were unconstitutional.
GN 00210.003 View source ›Processing Claims Post-Thornton Decision
For claims filed before November 25, 2020, surviving partners may not be denied benefits if they were prevented from marrying due to unconstitutional laws. Post-November 25, 2020 claimants are not class members but are still considered under the Thornton decision, as detailed in GN 00210.810.
GN 00210.810 View source ›Reopening Decisions Based on Unconstitutional Laws
Title II and Title XVI decisions may be reopened if they were adversely affected by the Defense of Marriage Act (DOMA) or state laws later deemed unconstitutional. GN 00210.030 outlines that such reopenings are permitted if non-recognition affected eligibility, entitlement, or payment.
GN 00210.030 View source ›Common-Law Marriage Treatment
Common-law marriages, even those involving same-sex couples, are recognized based on state law criteria. GN 00305.065 details how the SSA develops these cases, requiring evidence such as statements from blood relatives.
GN 00305.065 View source ›Frequently asked
Can I receive widow(er)'s benefits if my same-sex partner and I couldn't marry before they died?
Yes, if your inability to marry was due to unconstitutional state laws prohibiting same-sex marriage and you met other entitlement requirements, benefits may not be denied. Refer to GN 00210.805 and GN 00210.810 for specifics.
How does the SSA determine if same-sex marriages were validly celebrated?
The SSA presumes marriages are valid if they occurred when the state permitted same-sex marriage, as detailed in GN 00210.003. Legal opinions may be sought if needed.
What if my same-sex marriage was not recognized due to state laws?
You may request a reopening of your Social Security decision if state law's non-recognition affected eligibility. GN 00210.030 provides reopening instructions.
Does the SSA recognize common-law marriages for same-sex couples?
Yes, but recognition depends on state law. The SSA follows GN 00305.065 for processing these claims, requiring specific evidence of domestic partnership or common-law marriage.
Do I need a legal marriage license for my same-sex marriage to be recognized?
If your marriage occurred during a period when your state recognized same-sex marriage, it is presumed valid. Otherwise, you might need additional documentation, per GN 00210.030.