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Claiming Rules

How Social Security Handles Same-Sex Marriage Benefits

Verified against SSA POMS as of September 21, 2026

The short answer

Social Security recognizes same-sex marriages when determining eligibility for benefits. The same eligibility requirements that apply to opposite-sex married couples generally apply to same-sex married couples, including rules for spouse, divorced spouse, survivor, and Medicare benefits.

Recognition of Same-Sex Marriages

Following the Supreme Court decisions in United States v. Windsor in 2013 and Obergefell v. Hodges in 2015, SSA recognizes same-sex marriages for purposes of determining eligibility and entitlement to Social Security benefits.

Same-sex marriages are permitted and recognized in all states and U.S. territories, and SSA applies its benefit rules to same-sex and opposite-sex couples in the same manner.

Source
GN 00210.001

Spouse, Divorced Spouse, and Survivor Benefits

Social Security applies the same eligibility and benefit calculation rules to same-sex and opposite-sex couples. This includes spouse, divorced spouse, widow(er), and surviving divorced spouse benefits. Marriage-duration requirements, benefit calculations, early-filing reductions, and other applicable rules are determined in the same manner.

Source
GN 00210.001

Frequently asked

Does a civil union or domestic partnership count as a marriage for Social Security benefits?

It may. A civil union, domestic partnership, or other non-marital legal relationship may be treated as a marital relationship for Social Security purposes if the relationship gives the individual the same inheritance rights as a spouse under the applicable state law. SSA evaluates the laws of the state involved to determine whether the relationship qualifies.

Does Social Security recognize a same-sex marriage that occurred before the 2015 Obergefell decision?

Yes. SSA recognizes a valid same-sex marriage as of the date of the marriage, including during periods when the couple's state of residence did not recognize same-sex marriage.

Are Social Security benefits calculated differently for a same-sex marriage?

No. Social Security uses the same eligibility requirements and benefit calculation rules for same-sex and opposite-sex marriages. This includes spouse, divorced spouse, widow(er), and surviving divorced spouse benefits.

🔗 Deemed Filing and Spousal Benefits

Reviewed by: Cindi Hill.  ·  Source data last verified: September 21, 2026, against the live SSA POMS.  ·  This page is part of the ARPI Knowledge Base and is reviewed on a quarterly cycle for accuracy against current SSA guidance.
The Advanced Retirement Planning Institute (ARPI) Knowledge Base provides authoritative educational reference material based on SSA POMS, CFR Title 20, the SSA Handbook, CMS regulations, and Medicare.gov guidance. Not individualized legal, financial, or benefits advice — verify current rules with the Social Security Administration or Medicare.gov before making filing decisions.