Same-Sex Social Security Benefits In All 50 States?

freedom to marry

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When the U.S. Supreme Court struck down the Defense of Marriage Act in its Windsor v. United States decision in 2013, it opened the door for legally married gay couples to apply for Social Security spousal and survivor benefits.

For now, those benefits are only possible if the couple is a resident of one of the 37 states that recognizes same sex marriage.

It looks like this may soon change.


Included in the Obama administration’s recently released FY 2016 budget is a provision that will ensure married same-sex couples will be able to receive Social Security benefits no matter where they live.

Married in Massachusetts and move to Texas?   No longer a problem.

This isn’t law just yet though.  It still has to be approved by Congress.

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