In 2025, same-gender couples can access Social Security benefits just like opposite-gender couples, thanks to significant legal changes over the past decade.
Following the U.S. Supreme Court’s 2015 ruling in Obergefell v. Hodges, which legalized same-gender marriage nationwide, same-gender couples became eligible for the same rights and benefits under Social Security as their heterosexual counterparts.
However, despite these legal advances, it’s important to understand the nuances of how Social Security benefits apply to same-gender couples in 2025.
Here’s what same-gender couples need to know about Social Security, what benefits are available, and how to navigate the system effectively.
Social Security Benefits Available to Same-Gender Couples
Same-gender couples who are legally married have the same Social Security rights and benefits as opposite-gender couples. These include:
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Spousal Benefits
One partner can receive Social Security spousal benefits based on the other partner’s work history. If one partner has worked and paid into Social Security for a minimum number of years, the other partner may be eligible for up to 50% of the higher earner’s benefit. This is particularly important for couples where one partner has significantly lower lifetime earnings or has not worked enough to qualify for their own benefits. -
Survivor Benefits
If one partner passes away, the surviving partner may be eligible for survivor benefits, which are based on the deceased partner’s work record. The surviving partner can receive either their own benefit or the higher survivor benefit, whichever is greater. In 2025, this option provides financial support to surviving partners, similar to how it works for heterosexual couples.
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Retirement Benefits
Same-gender couples can claim their own Social Security retirement benefits based on their work record, provided they have worked for at least 10 years (40 quarters) and paid into the system. A key point here is that same-gender couples can strategize to maximize their benefits by considering whether it’s more beneficial to claim their own benefits or opt for spousal benefits.
Marriage and Divorce Considerations
Since the legalization of same-gender marriage, the rules for Social Security spousal and survivor benefits have expanded to include same-gender couples. However, there are a few important details to keep in mind:
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Marriage: To qualify for spousal benefits or survivor benefits, couples must be legally married. This means that individuals who are in a domestic partnership or civil union but have not married may not be eligible for spousal or survivor benefits. For those planning to marry in 2025, the marriage must meet the legal requirements set by the state in which it was performed.
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Divorce: In cases of divorce, same-gender couples may be eligible for benefits based on their former spouse’s work record, provided the marriage lasted at least 10 years. This is true even if the couple no longer lives together, as long as the individual seeking benefits is unmarried and meets other requirements. The survivor benefit option also applies in the case of divorce, with the same eligibility criteria as for married couples.
Eligibility for Same-Gender Couples
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The eligibility for Social Security benefits for same-gender couples largely mirrors that of heterosexual couples, but there are some differences when it comes to the timing of benefits and the couple’s work history. The Social Security Administration (SSA) requires that:
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Both individuals in a same-gender couple be at least 62 years old to begin claiming Social Security benefits.
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A spouse seeking benefits must have been married to their partner for at least one year to qualify for spousal benefits, and they must remain married to continue receiving those benefits.
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In the case of a divorce, the divorced individual can claim benefits from their ex-spouse’s work record if the marriage lasted at least 10 years.
It’s also important to note that the SSA uses the “Date of Marriage” rule, which means that a couple must be legally married at the time they apply for benefits. This can affect couples who married later in life, as they may be eligible for spousal benefits even if they’ve been together for many years but only recently wed.
How to Maximize Social Security Benefits
Same-gender couples in 2025 have several strategies to maximize their Social Security benefits:
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Timing of Retirement: Just like opposite-gender couples, same-gender couples can benefit from delaying their retirement benefits. Social Security offers delayed retirement credits, which increase your monthly benefit by approximately 8% per year for each year you delay taking benefits after your full retirement age (FRA). This can be particularly useful for the higher earner in the relationship to maximize lifetime benefits.
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Spousal Benefits: If one partner has a significantly higher lifetime earnings record than the other, it may be beneficial for the lower-earning spouse to claim spousal benefits instead of their own retirement benefits. However, both partners should carefully evaluate the best strategy based on their work history and expected life expectancy.
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Divorce Benefits: In the case of a divorce, it’s worth considering the option to claim spousal benefits from an ex-spouse if the marriage lasted at least 10 years. This can be a valuable source of income if your ex-spouse has a higher earning history than you do.
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Survivor Benefits: Survivor benefits can be an important financial lifeline if one partner passes away. To maximize survivor benefits, it’s essential to understand how survivor benefits are calculated and whether it’s better to claim your own benefit or wait for a higher survivor benefit.
What Same-Gender Couples Need to Know in 2025
As we move through 2025, it’s important for same-gender couples to stay informed about how Social Security benefits apply to their unique circumstances.
While much of the framework for benefits remains the same as for opposite-gender couples, there are specific considerations regarding timing, eligibility, and strategy that can help same-gender couples ensure they are maximizing their benefits.
The key to successful Social Security planning for same-gender couples is understanding the rules, taking advantage of benefits at the right time, and considering the long-term implications for both partners. Consulting with a financial advisor or Social Security expert can also be beneficial for navigating these choices and ensuring that your retirement planning is on track.
