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.

Continue Reading for Free

Register and gain access to:

  • Breaking benefits news and analysis, on-site and via our newsletters and custom alerts
  • Educational webcasts, white papers, and ebooks from industry thought leaders
  • Critical converage of the property casualty insurance and financial advisory markets on our other ALM sites, PropertyCasualty360 and ThinkAdvisor
NOT FOR REPRINT

© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.