Important Facts Same-Sex Couples Should Know about Social Security

by | Dec 1, 2015 | Law Services

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Social security was always a touchy subject for same-sex couples until the U.S Supreme Court ruled that states had to acknowledge same-sex marriages. According to the Social Security Act, a surviving spouse can only receive social security benefits and have access to their spouse’s record if they are legally married. Since same-sex marriages have to be recognized, now social security is accessible to all couples. Here are some tips that will help you to apply for social security same-sex benefits in Chicago.

It Pays to Get Married

Once you reach retirement age, your spouse is then able to obtain half of your payout during retirement. You can also then claim social security benefits as a married couple and receive more or monthly income. Lifetime benefits also increase significantly in some cases to more than $50,000.

Surviving a Loss

There are a number of rules when it comes to claiming survivor benefits but all in all you will be able to claim their Social Security benefits after they pass away. This will based on their work history and not yours. If your partner earned more money than you then you will be able to receive a much higher benefit for the rest of your life. If you and your spouse made around the same amount of money then the change would be insignificant.

Divorce

When it comes to social security benefits, divorce beats never having married at all. If you are divorced from your spouse, you are still able to receive their Social Security Benefits from them. However, doing this will not decrease the amount of benefits that they will receive. This will only work if you have not yet re-married and you must have been married to your previous spouse for at least 10 years.

Opposite-sex Couples

Unfortunately, opposite-sex couples still receive more of a benefit than same-sex couples. This is only because there is a much larger age difference between opposite-sex couples. Women tend to outlive men, so when their husband passes away, they will receive more benefits. It depends on not only their age, but how long they have worked.

Applying for social security benefits can be tricky for both opposite and same-sex couples. It is a process that requires a great deal of paperwork and understanding of the law. It is best to seek the help of an attorney in order to increase the chances of winning your case.

 

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