August 8, 2013 Carolyn W. Colvin, Acting Commissioner of Social Security publically stated:
“I am pleased to announce that Social Security is now processing some retirement spouse claims for same-sex couples and paying benefits where they are due. The recent Supreme Court decision on Section 3 of the Defense of Marriage Act, made just over a month ago, helps to ensure that all Americans are treated fairly and equally, with the dignity and respect they deserve. We continue to work closely with the Department of Justice. In the coming weeks and months, we will develop and implement additional policy and processing instructions. We appreciate the public’s patience as we work through the legal issues to ensure that our policy is legally sound and clear. I encourage individuals who believe they may be eligible for Social Security benefits to apply now, to protect against the loss of any potential benefits. We will process claims as soon as additional instructions become finalized.”
Processing claims for same-sex couples can be great news for many people. However, the general public does not quite fully understand the extent to which Social Security may apply. Many questions are unresolved at this time, such as whether retirement claims will be covered and the exact details of the criteria that is used to determine if someone is eligible for these types of benefits. Additionally, it is not clear whether same-sex couples who are legally married in one state, but live in a state that does not recognize such marriages to be legal and how this can effect entitlement. It is to our understanding for same-sex couples who live in a state that recognizes their marriage will be eligible to receive Social Security spousal benefits. For example, same-sex couples can marry in Minnesota, but if moved to Wisconsin the spouse would not be eligible to receive spousal Social Security benefits because they are in a state that does not recognize marriage equality.
Regarding spousal benefits, if you are married for 1 year, the spouse would be eligible for survivor benefits. You only need to be married for 1 year to permit the spouse to qualify for these benefits. However, if you divorce before the 10 years, the individual will not be eligible for spousal nor survivor benefits. Likewise, if you divorce after 10 years of marriage an individual would qualify for spousal and survivors benefits.
