After the Windsor decision, the Social Security Administration (SSA) started processing Old-Age, Survivors, and Disability Insurance (OASDI) applications for some claimants in a same-sex marriage. Under the Social Security Act, eligibility for spousal benefits depends on the applicant's marital status as defined by the state in which the Number Holder is domiciled. However, until Obergefell v. Hodges , the legality of some same-sex marriages remained in flux as state legislatures and courts changed and interpreted state marriage laws. Because the Social Security Act determines marital status by considering the laws of the state in which the Number Holder is domiciled, SSA could only process spousal benefits for some same-sex couples whose domicile state would recognize their marriage, even if they were married legally in another state. In Obergefell , the U.S. Supreme Court held that the Fourteenth Amendment requires a state to permit a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out of state. This report addresses eligibility for Social Security spousal benefits for individuals in a same-sex marriage. Social Security and Same-Sex Marriage

Same-sex couples were not always eligible for Social Security spousal benefits, as Section 3 of the Defense of Marriage Act (DOMA) had required that marriage be defined as the union of one man and one woman for the purpose of federal enactments. Social Security Eligibility After United States v. Windsor

On June 26, 2013, in United States v. Windsor , the Supreme Court held that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, finding, in part, that it violated the Constitution's equal protection and substantive due process guarantees. Because eligibility for Social Security spousal benefits depends on whether the state would recognize the applicant's marriage to the Number Holder at the time of the application, individuals in a same-sex marriage are now eligible for spousal Social Security benefits, if they have met other statutory requirements. With respect to policy guidance concerning the processing of applications for same-sex couples who may have been ineligible for benefits before Obergefell , SSA further stated: "We are working with the Department of Justice to analyze the [ Obergefell ] decision and provide instructions for processing claims." The agency indicates that new information regarding implementation of the Obergefell decision will be posted to its website as it becomes available.
This report addresses eligibility for Social Security spousal benefits for individuals in a same-sex marriage.
Key Takeaways
Under the Social Security Act, eligibility for spousal benefits depends on the applicant's marital status as defined by the laws of the state as interpreted by the courts of that state in which the Number Holder, the person on whose work record the benefit is based, is domiciled. Section 3 of the Defense of Marriage Act (DOMA) had required that marriage be defined as the union of one man and one woman for the purpose of federal enactments, rendering individuals in a same-sex marriage ineligible for spousal Social Security benefits. In United States v. Windsor, the U.S. Supreme Court held that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional, finding, in part, that it violated the Constitution's equal protection and substantive due process guarantees. In response to the Windsor decision, the Social Security Administration (SSA) has started processing Old-Age, Survivors, and Disability Insurance (OASDI) applications for some claimants in same-sex marriages. However, until Obergefell v. Hodges, the legality of some same-sex marriages remained in flux as state legislatures and courts changed and interpreted state marriage laws. Because the Social Security Act determines marital status by considering the laws of the state in which the Number Holder is domiciled, the Social Security Administration could only process spousal benefits for some same-sex couples whose domicile state would recognize their marriage, even if they were married legally in another state. In Obergefell v. Hodges (June 26, 2015), the U.S. Supreme Court held that the Fourteenth Amendment requires a state to permit a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out of state. Thus, because same-sex couples may now marry in all states, individuals in a same-sex marriage are eligible for spousal Social Security benefits, if they have met other statutory requirements. With respect to policy guidance concerning the processing of applications for applicants in same-sex marriages who may have been ineligible for benefits before Obergefell, SSA has stated that it is working with the Department of Justice to analyze the Obergefell decision in order to provide instructions for processing claims. The agency has indicated that new information regarding implementation of the Obergefell decision will be posted to its website as it becomes available.