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.
GN 00210.001Spouse, 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.
GN 00210.001Frequently 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.