Even though marriage equality is legally required, many couples, including older ones, want to keep their finances apart or are uninterested in marriage and would rather enter into civil unions or domestic partnerships.
For the purposes of allocating benefits, the SSA (Social Security Administration) will treat partners as married because the court recognizes that these types of relationships permit them to inherit from one another, just as spouses would. However, the situation could become complicated if you do not have a state-recognized civil union or domestic partnership, or if your partner lives overseas.
In this situation, when the partnership dissolves, you could face unique problems, especially when children are involved. If you have any concerns regarding a domestic partnership, consulting with an attorney is key. In addition to helping you understand your rights, a reliable family law attorney can help you pursue the benefits you deserve when your civil union dissolves.
Domestic Partnerships and Civil Unions at a Glance
The desire to formally organize same-sex relationships was a major factor in the emergence of domestic partnerships. You should find out if you are eligible for domestic partnership benefits that different-sex partners would receive following a divorce, now that same-sex relationships are legal. Like a marriage, a domestic partnership is a formal way of recognizing a relationship under the law.
In simpler terms, a domestic partnership is a lawful relationship in which you live as a couple in a committed relationship, but you are not married legally. As domestic partners, you can share finances and residence and bring up children together as unmarried partners. However, to enjoy domestic partnership benefits and rights, you have to register your domestic partnership legally.
Before the 2015 Obergefell v. Hodges ruling by the Supreme Court, which declared same-sex marriage prohibitions to be illegal and unconstitutional, some states did not permit same-sex unions. Following this ruling, several states implemented registration requirements to protect domestic partners.
Some of the rights enjoyed by married couples also apply to registered partners, including health insurance, visitation, and healthcare rights. If you have registered as domestic partners, you should consult with an attorney to understand the rights and benefits you qualify for.
Conversely, a civil union is a legal arrangement that provides state-level protection for same-sex or opposite-sex partnerships. However, a civil union is not a marriage and does not provide federal protections, benefits, or responsibilities to you as a couple. Civil unions assist same-sex partners in obtaining state benefits and protections, even though they are not accepted in every state.
Same-sex partners in a civil union can receive various benefits that are available to married couples, including guardianship, hospital visitation, and inheritance. Since same-sex marriages became legal, several companies have chosen to replace domestic partnership benefits with spousal employment benefits gradually.
Whether you are in a domestic partnership or civil union, consulting with an attorney is vital if you have dissolved your relationship with your partner, because some businesses expect you to marry legally to qualify for spousal benefits.
Why Your Relationship Status is Vital for Social Security
The SSA determines the type and amount of benefits you are eligible for in the following circumstances based on your relationship status (whether you are married or in a nonmarital legal relationship (NMLR)), like a domestic partnership:
- Deceased, disabled, or retired — The agency will pay you disability, survivor, and retirement benefits if you are in an NMLR or same sex domestic partnership
- Children who are eligible for benefits — if you are in a same-sex domestic partnership, the SSA can provide your dependents' benefits, or “auxiliary benefits,” including your relatives and children
- The amount of benefits you will receive — The SSA will consider your partner's or spouse's assets and income when determining your eligibility for SSI (Supplemental Security Income).
If you live as a couple with your partner or “hold yourself married,” the SSA will consider you as married for purposes of benefits. It is essential to keep in mind that some benefits may be relevant, particularly if you are a beneficiary of SSI.
How The SSA Will Determine Your Eligibility for Benefits if You Are in a Civil Union or Domestic Partnership
As mentioned in the previous paragraph, the SSA classifies civil unions and domestic partnerships as NMLRs. For your partnership to qualify as NMLR for eligibility and calculations of benefits, you must grant your inheritance rights under laws where your partnership or union is recognized.
For the purpose of fulfilling the survivor's benefits marriage duration requirements, the SSA will use the date you first entered into the domestic partnership as the marriage date. The legal assistance of a skilled attorney can go a long way if you want to determine whether you are eligible for Social Security benefits.
Benefits That Partners in a Domestic Partnership Could Qualify For
If you are a civil union member or you are in a domestic relationship, you could be eligible for the following types of benefits, depending on your partner's work record:
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Survivor Benefits
As the surviving family member, you could qualify for benefits (possibly the full amount the deceased was receiving). However, you must meet the required eligibility criteria, including the nine-month duration requirement.
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Spousal Benefits
You could qualify for up to 50 percent of your partner's total retirement amount once you reach your retirement age, as long as the partner is already receiving his/her benefits.
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Dependents' Benefits
If your ex-spouse qualifies for Social Security benefits, you could be eligible for dependent benefits. However, you must meet the following eligibility criteria to receive your benefits:
- Be at least sixty-two (62) years old
- You were married to your ex-spouse or partner for at least ten (10) years
- You are not yet married and are entitled to Social Security disability or retirement benefits based on your work record or someone else's work record
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Insurance Benefits
Because domestic partnerships allow one partner to give the other partner access to the healthcare benefits they receive from their employer, many people opt for this type of union. The coverage includes dental benefits, vision and sometimes life insurance
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Visitation Rights
When your partner is hospitalized or incarcerated, the domestic partnership registration will grant you the right to visit him/her.
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Employment Benefits
If you are in a domestic partnership, you are often capable of receiving additional benefits from your employer, including bereavement, sick, and adoption benefits.
Many people apply for domestic partnership or civil union status primarily because of the benefits it offers. If you are a member of a domestic partnership or union and have questions about your eligibility for Social Security benefits, consulting with a seasoned family law attorney is crucial.
Common Challenges That Members of Domestic Partnerships Face
While being in a domestic partnership has several benefits, there are also some challenges in several jurisdictions, including:
- Inheritance matters — If your partner dies intestate, you may not automatically inherit from him/her. Also, if there is a Will and you inherit through it, you will be required to pay inheritance tax
- Tax issues — If you live as domestic partners, you are not allowed to file your taxes jointly. Additionally, health insurance benefits that your partner may extend to you will be considered taxable income
- Social security — A domestic partnership registration does not give you the ability to receive the other partner's Social Security benefits after death
How to Apply for Your Social Security Benefits
Follow the following steps if you want to apply for Social Security benefits:
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Contact the SSA
If you believe you are eligible for Social Security Benefits, you should contact the SSA directly to discuss your eligibility and ensure you have all the required documentation.
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Apply Even Though You Are Unsure
Even if you are unsure about your eligibility, you should still file your application with the SSA. Even if you had previously applied for and the SSA denied you survivor benefits, you should consider filing a re-application.
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Provide the Necessary Documentation
To demonstrate your eligibility, you will need to give the SSA proof of your relationship. If you are in a domestic relationship and are legally registered, you should provide the SSA with the documentation to prove that.
Reasons Domestic Partnerships and Civil Unions Would be an Excellent Idea for Older Adults
Many adults in committed relationships who are 62 years of age or older opt to stay unmarried, primarily because marriage may have an impact on their financial choices. Depending on the applicable laws and your unique circumstances, becoming married could mean you as a senior:
- You can leave your estate in its entirety to a child or another person of your choosing
- Will lose the right to collect a former spouse's military pension, benefits or Social Security benefits
- Could be responsible for covering your spouse's medical care
- Could no longer be eligible for income-based aid, like Medicaid
In some states, entering into a domestic partnership is an attractive alternative for many adults, as it allows them to avoid the potential drawbacks of marriage.
If you are a senior considering a domestic partnership instead of marriage, understanding the potential impact of your state's domestic laws is paramount. Some states' domestic partnership laws closely resemble marriage and will only offer you limited benefits.
A seasoned family law attorney can help you understand your rights and help you determine whether a domestic relationship has any benefits over marriage for your situation
Frequently Asked Questions About Social Security Benefits for Members of Civil Unions and Domestic Partnerships
Below are common questions that many members of civil unions and domestic partnerships ask when seeking social security benefits after dissolving their relationship:
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How Does the SSA Treat Foreign NMLRs?
If you and your partner registered your civil union or domestic relationship in a foreign country, the SSA may consider your relationship as NMLR. However, you must establish your inheritance rights in accordance with the laws of your country.
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What Will Happen When I Move From a State That Recognizes Domestic Partnerships and Civil Unions to One That Does Not?
Consulting with the SSA would be an excellent idea if you and your partner have migrated from a state where you have legally registered your NMLR or are unsure how your relationship could affect your eligibility for benefits. The services of a seasoned family attorney would also prove valuable during this process.
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Can Domestic Partners Receive Spousal Benefits?
If you are in a domestic relationship with someone, the SSA will consider your relationship to be a marriage for the purposes of benefits. The SSA will typically grant you inheritance rights as long as you have legally registered your domestic partnership.
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Will a Same-Sex Marriage Applicant Be Eligible for Spousal Benefits if the Couple Relocates During the Application Process?
In this situation, the SSA can consult with the court in your home country to determine whether you had a residence at the time of your application and consider you to be legally married. That means that if your home country or state recognizes your marriage or partnership, the SSA will consider you married for benefits entitlement.
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What Should I Consider When Looking for a Reliable Family Law Attorney?
If you want to apply for Social Security benefits or are wondering whether your relationship could qualify you for them, you should consult with a credible family law attorney. Your attorney will assess your unique case and let you know your options. Here are critical factors to consider when looking for a reliable family law attorney for your unique case:
- His/her reputation
- His/her qualifications and experience
- His/her availability
- His/her licensing credentials
- His/her cost of services
Find a Credible Family Law Attorney Near Me
Civil unions and domestic partnerships are two-person relationships that share many of the same obligations and rights as marriage. Both opposite-sex and same-sex couples could choose to engage in civil unions or domestic partnerships.
Regardless of your sexual orientation, the SSA considers these relationships similar to formal marriage in several ways and will grant you the benefits you deserve. Knowing the specific Social Security benefits to which you may be eligible as a member of a civil union or domestic partnership can help ensure a proper financial balance within your relationship.
If you have further questions about Social Security benefits or require legal representation on related matters, our skilled attorneys at Leland Law can assist you. Call us at 866-449-6476 to schedule your initial consultation, wherever you are in California.
