The U.S. Supreme Court’s landmark ruling in United States v. Windsor in 2013 struck down the Defense of Marriage Act (DOMA), a law that had previously defined marriage as between one man and one woman for federal purposes.
This ruling was a victory for same-sex couples, as it granted them the same federal benefits as opposite-sex married couples, including crucial programs like Social Security.
However, while the ruling was a significant step forward, it also created confusion and legal challenges, particularly for same-sex couples living in states where gay marriage was not yet legalized.
In 2015, the Obergefell v. Hodges decision by the Supreme Court legalized same-sex marriage across all 50 states. This decision clarified that all same-sex couples had the legal right to marry and access the same rights as opposite-sex couples. But even after this nationwide legalization, questions remained for couples who were married in one state but resided in another, and how their Social Security benefits were impacted during the interim period.
The DOMA Ruling and Its Immediate Impact
Before United States v. Windsor, same-sex couples were denied federal benefits that were available to heterosexual couples, including Social Security spousal and survivor benefits. These federal benefits were tied to the definition of marriage, which under DOMA excluded same-sex couples.
When the Supreme Court struck down DOMA, it meant that same-sex couples, legally married in states that allowed gay marriage, became eligible for federal benefits such as Social Security. However, this created an immediate dilemma for couples residing in states that had not yet legalized same-sex marriage. These couples found themselves in a state of legal uncertainty, as they were married under state law but not recognized by their home state.
The Challenge for Same-Sex Couples in Non-Marriage States
While the Windsor decision allowed legally married same-sex couples to access federal benefits, including Social Security, couples who lived in states where gay marriage was not recognized faced challenges in proving the validity of their marriages for federal purposes. Here are the key issues they encountered:
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State vs. Federal Recognition: Even though the federal government recognized same-sex marriages for purposes of federal benefits, many states still did not recognize those marriages. In practice, this meant that same-sex couples in non-marriage states faced a situation where their marriage was recognized for Social Security benefits at the federal level but not necessarily at the state level.
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Spousal and Survivor Benefits: For Social Security, a spouse can receive benefits based on the other spouse’s work record. However, same-sex couples who were married in one state but living in a state where gay marriage was illegal were often confused about whether they could qualify for spousal or survivor benefits. Without the universal recognition of their marriage, many couples weren’t sure if they would be able to claim these benefits if their spouse passed away or if they were seeking early retirement.
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The “State of Residence” Rule: Social Security benefits are determined based on the rules and regulations of the state in which a person resides. For couples in non-marriage states, the question was whether the state of residence’s refusal to recognize same-sex marriages would affect their eligibility for Social Security benefits like spousal or survivor benefits. This created a patchwork of eligibility rules and confusion among couples.
The 2015 Obergefell Decision: Clearing the Path
The Obergefell v. Hodges decision in 2015 made same-sex marriage legal in all 50 states, providing a definitive answer to the confusion surrounding state recognition of same-sex marriages. This ruling ensured that same-sex couples had the same rights to marriage and its accompanying benefits, regardless of where they lived. Social Security benefits—including spousal, survivor, and retirement benefits—became universally accessible to all legally married same-sex couples across the country.
However, the transition from DOMA to Obergefell was not without challenges. Couples who had already been married in states that recognized same-sex marriage but lived in non-marriage states before 2015 had to navigate a complicated legal landscape to secure their benefits. For these couples, the Social Security Administration (SSA) had to reprocess claims and often provide retroactive benefits to reflect their marriage status.
What Same-Sex Couples Need to Know About Social Security Post-Obergefell
In 2025, with marriage equality now established, the rules surrounding Social Security for same-sex couples are clearer. Here’s what same-sex couples need to understand about Social Security benefits:
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Spousal Benefits: A same-sex spouse can receive Social Security benefits based on the work record of their partner, just as an opposite-sex spouse can. If one spouse has worked and earned Social Security credits, the other can receive up to 50% of the higher earner’s benefit.
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Survivor Benefits: If one spouse passes away, the surviving spouse can claim survivor benefits based on the deceased spouse’s work record. This benefit can be a significant source of income, especially for couples where one partner had a higher lifetime earnings record.
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Retroactive Benefits: For couples married prior to the Obergefell decision but living in a state that didn’t recognize their marriage at the time, the SSA is required to provide retroactive payments for any missed spousal or survivor benefits. This includes retroactive payments for any time spent in the “marriage void” period between Windsor and Obergefell.
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Divorce and Social Security: Divorced same-sex spouses can also claim benefits based on their ex-spouse’s work record, provided the marriage lasted for at least 10 years. This rule applies to all same-sex marriages, regardless of where the couple lived or whether the marriage was legally recognized in their state.
The post-DOMA landscape for same-sex couples was filled with legal complexities, especially for those living in states where gay marriage was not yet recognized. The Obergefell v. Hodges ruling provided a clear legal path for nationwide marriage equality, ensuring that same-sex couples could access all the benefits, including Social Security, available to opposite-sex couples. While the journey was challenging for many, same-sex couples now have the same rights to Social Security benefits, and any past confusion has largely been resolved.
As we move through 2025, it’s important for same-sex couples to understand their eligibility for Social Security benefits and take full advantage of the protections afforded to them by these historic rulings. If you’re a same-sex couple, consulting with a financial advisor or Social Security expert can help ensure that you maximize your benefits and plan effectively for retirement.
