All around the world, people say love is for all. While we absolutely agree to it. Does the Social Security law make life easy for people who choose to identify as anything other than heterosexual and live a peaceful life? Let’s find out!
In the United States, same-sex marriage was legalized on June 26, 2015. This decision removed state bans on same-sex marriage and guaranteed their rights under the American Constitution.
While this move seemed like a big win for the LGBTQ+ community, Social Security benefits for them came into question. As everyone knows, Social Security plays a vital role for every citizen in America, from the retiree to the widow to the disabled individual.
We have covered mostly Social Security benefits for spouses, aged people, and many others; it’s time we also focus on the Social Security benefits for same-sex couples (homosexuals, lesbians, and so on).
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So, first question: do same-sex couples in America get Social Security? Yes, they do. Let’s find out more about them. As per sources, Same sex spouses are also eligible to receive survivor benefits based on their partner’s work history. If your spouse earned more than you during their lifetime, you could receive their higher benefit amount for the rest of your life.
However, this benefit only applies to married couples and not single individuals or live-in same-sex couples. Just like heterosexual benefits, even when a same-sex couple gets divorced, one of the spouses is eligible to claim benefits provided he or she remains unmarried and the marriage lasted at least 10 years.
Furthermore, due to a greater age gap between heterosexual couples, they are eligible to earn more social security benefits than same-sex couples. However, married individuals can claim up to 50% of their spouse’s full retirement benefit at full retirement age, rather than those filing separately.
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Moreover, even though navigating social security rules can be complex, for same-sex couples, many rules apply the same. For instance, if the main earner qualifies for benefits, their spouse, former spouse (assuming the marriage lasted ten years), and their dependent children or grandkids can claim social security.
As per Life Yield, more than 7% of Americans identified as a part of the LGBTQ community in a 2021 poll. This number will only see a rise as a massive mindset and generation change is witnessed. This shift means that social security benefits must be open to welcoming more same-sex couples in the future and giving them social security.
While most of the rules by the SSA remain the same even for same-sex couples, a lot of couples were either in the closet (a term to signify that they hadn’t announced their sexuality) or lost their spouses by the time the concept was legalized in 2015.
Therefore, many Americans had lost partners when marriage laws still discriminated against same-sex couples. Even though pressure from the people made the government more flexible, reports from the outlet mentioned above reveal that not all same-sex couples marry, which makes the social security spectrum complex for them. Plus, a couple’s retirement also affects their Social Security benefits.
Yet for couples in common-law marriages, spousal and survivor benefits are only available if the partners live in a state that acknowledges such unions or did so at the time the relationship began. Moreover, applicants must complete a “Statement of Marital Relationship” (Form SSA-754) and provide supporting documentation, such as a relative’s affirmation (Form SSA-753).
In addition, while filing forms, the Social Security card application process still requires individuals to select either male or female, and no legal or medical reports are now required for that choice.
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However, the SSA is planning to add an X column later for those who don’t identify as either male or female. Please note that LGBTQ is a large spectrum and consists of many orientations in modern times.
However, the Trump administration declared in January 2025 that the US will now recognize only two genders, male and female, so will that affect social security?
For people who identify as a member of the LGBTQ+ community, it’s best to reach out to the Social Security Department and confirm your eligibility status before making a decision.
Till then, stay bold, stay empowered, and don’t forget to question your rights.
