Q&A: Does Social Security pay survivor benefits in same-sex unions?

Dear Liz: I am 65 and was recently laid off after 26 years with the same company. My life partner of 25 years died in 2010. We had been legally married in 2008. I’d like to wait until I’m 70 to collect my Social Security. Is there any way I can collect her Social Security until then? I don’t know what the federal laws are regarding this and whether they have caught up to the intent of the law regarding same-sex unions. I’m sure I’m not the only one wondering about this, so any guidance you could provide would be greatly appreciated.

Answer: Yes, you should be entitled to a survivor benefit that’s either equal to what your wife was getting at her death, or what she would have received at full retirement age if she died before applying for her benefits.

A reduced survivor’s benefit is available starting at age 60. You can’t backdate your application until then — the most you can get if you apply now is a lump sum equal to six previous months of benefits. You retain the ability to switch from a survivor benefit to your own (or vice versa for that matter). That’s one of the many ways that survivor benefits differ from spousal benefits, since the ability to switch from a spousal benefit to one’s own benefit is being phased out.

Related Posts