According to a recent post on the AARP website, “…legally married same-sex couples can get spousal benefits only if they live in one of the 13 states (plus Washington, D.C.) that recognizes those marriages. They may also be eligible if they live in a state that recognizes civil unions or domestic partnerships and grants those partners inheritance rights if one of the partners dies without a will.”

The SSA is working with the Justice Department to finalize rules for those living in states that do not recognize same-sex marriage. If the SSA follows the IRS, benefits will be available to same-sex married couples regardless of state of residence. With the government shutdown, promulgation of these new rules will undoubtedly be delayed.

The AARP website states the following:

“Experts advise retired same-sex couples living in non-recognition states to still file for benefits, to establish the date of their request. In states that don’t recognize same-sex marriages, you’ll be denied. But if the law changes, couples could petition for back benefits based on their claiming date.”

We want to add a word of caution here.  A couple should file for benefits now only if they have decided that their best claiming strategy involves one or both spouses claiming as soon as possible. For many couples, delayed claiming may prove profitable. So, careful thought should be given before filing for benefits now. It may be the wrong thing to do.

It is possible to withdraw a claim once it has been approved. But you must do that within 12 months of the start of benefits. Moreover, it is a one-time option. You may want to save that option for the future.

Need help in figuring out your optimal claiming strategy. We can help with our custom reports. Start here.