When the Supreme Court struck down the federal Defense of Marriage Act (DOMA) on June 26, it expanded Social Security's spousal benefits to same-sex couples in the 13 states that allow them to marry, plus Washington, D.C. The states are California, Connecticut, Delaware, Iowa, Maine, Massachusetts, Maryland, New Hampshire, Minnesota, New York, Rhode Island, Vermont and Washington.
Social Security now must accept applications for spousal retirement, disability and survivor submitted by people who are legally married in these states. This represents the largest expansion in Social Security eligibility since the liberalization of disability benefits in 1965.
The waiting period to collect spousal retirement benefits is one year after marriage, and for disability benefits it is nine months. A divorced spouse can collect these benefits after being married to a worker for 10 years, provided he/she has not remarried.
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The demise of DOMA creates attractive financial incentives for same-sex couples to marry. Laurence Kotlikoff, from "PBS Newshour," ran one illustration showing how two 55-year-old men living in California potentially could increase cumulative Social Security spousal benefits by $60,000, just by getting married.
An informative online guide to Social Security Benefit and Defense of Marriage Act has been published by GLAD (Gay & Lesbian Advocates and Defenders) in PDF format. Search the title to access it.
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