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More couples are able to get social security benefits now, are you one of them?

Typically in a marriage, the spouse has always been able to collect on social security if they were married for nine or more months.

Now, same sex couples have that same benefit.

Due to early bans on same sex marriage, it was harder to get that nine month time frame met.


Two couples had class action lawsuits filed in 2018 that were looking to overturn that requirement.

Originally lower courts ruled in favor of the couples until the Trump administration overturned it. The Biden administration did nothing about these cases.

Lamda Legal, the LGBTQ legal rights group representing the couples, said that on Monday Nov. 1 the Justice Department and Social Security Administration dropped their appeals.


Members of same sex couples paid into social security just like opposite sex couples, but were unable to get the same benefits.

Now, same sex partners were have access to the benefits they were previously denied as survivors.

Surviving partners had not been allowed to receive benefits because they weren’t legally married.

Surviving couples that had been married for nine months did have access.

Now, couples that had been unable to marry or meet requirements can access those benefits they’ve been missing out on.

Related: Does marriage change social security income eligibility or amount?



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