While couples in traditional marriages have long been able to access Social Security survivors benefits, this financial safety net has only recently become available to same-sex couples. A pivotal policy shift in late 2021 introduced retroactive survivors benefits for same-sex couples who lost their partners before marriage equality was legalized, correcting a longstanding inequity in the system.
Losing a spouse is not just emotionally difficult but can also have significant financial ramifications. On average, surviving non-disabled spouses receive $1,781 in monthly Social Security benefits as of April 2024, providing crucial support during a challenging period.
Marriage Equality Delivered New Social Security Benefits
For decades, older heterosexual couples have relied on Social Security survivors benefits in the event of a spouse’s passing. However, these benefits were previously exclusive to legally married couples, leaving same-sex couples without this important financial safety net despite their long-term commitment.
The journey toward equal access to benefits for same-sex couples gained momentum following legal battles, culminating in the 2015 Supreme Court decision in Obergefell v. Hodges, which legalized same-sex marriage nationwide. This landmark decision paved the way for same-sex couples to access federal benefits, including Social Security.
Older Couples Left Behind With Survivors Benefits
While the legalization of same-sex marriage marked a significant victory for many couples, it did not address the financial inequalities faced by older LGBTQ+ couples who had been together for years. Several legal challenges in states like Washington and Arizona highlighted the need to rectify the denial of benefits to same-sex couples due to discriminatory laws.
Legal organizations such as Lambda Legal advocated for the rights of LGBTQ+ individuals, filing lawsuits to challenge the denial of Social Security survivors benefits to same-sex couples. These cases underscored the importance of ensuring equal access to benefits for all couples, regardless of sexual orientation.
Retroactive Survivors Benefits Awarded to Same-Sex Couples
With the Biden administration’s support, same-sex couples who were previously denied benefits due to discriminatory laws were granted retroactive access to Social Security survivors benefits. This shift in policy acknowledges the past injustices faced by these couples and aims to provide them with the financial support they deserve.
Following the dismissal of appeals in November 2021, same-sex couples affected by discriminatory laws preventing marriage now have the opportunity to apply for retroactive benefits. This decision marks a significant step towards rectifying past disparities and ensuring equal treatment under the law.
What Has Changed With Social Security Benefits for LGBTQ+ People?
In November 2021, developments in legislation allowed widowed spouses in same-sex marriages to claim Social Security survivors benefits, regardless of legal marriage status or duration. Legal decisions emphasized the importance of rectifying past injustices and providing equitable benefits to all couples.
How Do I Find Out if I’m Eligible for Survivors Benefits?
If you believe you may qualify for Social Security survivorship benefits as a same-sex couple impacted by recent legal changes, you can contact the Social Security Administration for guidance on eligibility criteria and the application process.
What Are the Requirements for Receiving Social Security Survivors Benefits?
Social Security survivors benefits are typically available to widows or widowers aged 60 or older, with exceptions for those with disabilities. Spouses of any age may also be eligible if they are caregivers for a deceased spouse’s child under 16 or a child with disabilities. Meeting specific work history requirements is essential for receiving these benefits, ensuring financial security for surviving partners and families.
The Bottom Line
Recent legal developments have expanded access to Social Security survivors benefits for LGBTQ+ individuals, offering improved financial protection and security. While challenges remain in achieving full equality, ongoing legislative efforts aim to provide long-lasting legal and financial safeguards for the LGBTQ+ community.