Social Security Benefits for Members of Domestic Partnerships and Civil Unions

Civil unions and domestic partnerships are relationships between two people that provide many of the same rights and responsibilities as marriage. Both opposite- and same-sex couples can (and do) enter into domestic partnerships or civil unions—the law protecting the relationship is the same regardless of either partner's sexual orientation. State law governs whether you can enter into a civil union or domestic partnership, and not all states have laws recognizing them.

The Social Security Administration (SSA) acknowledges that these commitments are similar to formal marriage in many important ways and can grant benefits to members of such relationships. Knowing what Social Security benefits are available to you as a member of a domestic partnership or civil union can help ensure your financial stability as a couple.

Can Same-Sex Couples Get Social Security Benefits?

Yes, in most cases. Married same-sex couples are entitled to the same Social Security spousal benefits as married opposite-sex couples. A 2015 Supreme Court decision, Obergefell v. Hodges, resulted in same-sex couples having the constitutional right to marry in all states. Then, in December of 2022, the Respect for Marriage Act (RFMA) was signed into law, strengthening legal protections for partnered members of the LBGTQ+ community.

Since the expansion of marriage rights, the popularity of civil unions and domestic partnerships has diminished, but people of all sexual orientations may choose them as an alternative to marriage for personal or social reasons. And while Obergefell and the RFMA govern recognition of married couples only, Social Security agency policy is to treat couples in state-recognized civil unions or domestic partnerships as being in a "non-marital legal relationship," or NMLR.

Why Is Your Relationship Status Important for Social Security?

The SSA uses your relationship status—such as whether you're in a marriage or NMLR—to determine the type and amount of your benefits in the following situations:

• Retired, disabled, or deceased spouses. The agency pays retirement, disability, or survivor benefits to same-sex spouses or partners in an NMLR.
• Children who can receive benefits. Social Security can pay "auxiliary benefits" (dependents benefits) for children and certain relatives of a same-sex spouse or partner.
• The amount of benefits you receive. The agency calculates your spouse or partner's income and assets when determining eligibility for Supplemental Security Income (SSI).

The agency will also treat couples who live together and "hold themselves out as married" (also known as a common-law marriage) as married for benefit purposes. That's important to keep in mind because some benefits that are relevant to people receiving Social Security (like Medicare), are only available to spouses, not partners in an NLMR.

How Does Social Security Determine Benefits Eligibility for Couples in Domestic Partnerships and Civil Unions?

As mentioned above, the SSA classifies domestic partnerships and civil unions as "NMLRs." In order for your relationship to qualify as an NMLR for benefits calculation and eligibility purposes, it must grant inheritance rights under the laws where your union or partnership is recognized.

Currently, all states that acknowledge civil unions and domestic partnerships provide these inheritance rights under the statutory authority that recognizes these relationships, making them eligible for recognition as NMLRs that qualify for Social Security benefits.

Which States Recognize Same-Sex Civil Unions?

Following the Obergefell decision, same-sex couples can marry in every state. As a result, five states (Connecticut, Delaware, New Hampshire, Rhode Island, and Vermont) converted existing civil unions into marriages, but four states—Colorado, Hawaii, Illinois, and New Jersey—still maintain the distinction as of 2025.

Which States Recognize Same-Sex Domestic Partnerships?

Domestic partnerships are similar to civil unions in terms of the rights granted to the partners. Six states (and the District of Columbia) recognize domestic partnerships, while Hawaii provides for a similar relationship known as "reciprocal beneficiaries." As with civil unions, states that have domestic partnership laws provide the option for both same- and opposite-sex couples.

As of 2025, California, D.C., Maine, Nevada, Oregon, Washington, and Wisconsin provide legal recognition to domestic partnerships. (In Washington, this option is only available for same-sex couples over the age of 18 and opposite-sex couples with one person who is older than 62, and after 2018 Wisconsin does not offer new registrations for domestic partnerships.)

Foreign NMLRs

If you and your partner established your domestic partnership, civil union, or foreign equivalent outside of the United States, Social Security should recognize your relationship as an NMLR so long as the relationship establishes inheritance rights (typically according to the foreign jurisdiction's law).

Municipal Domestic Partnership Registries

Some municipalities—meaning smaller than state-level civic divisions, like cities or towns—have their own systems for formalizing relationships. These registries often confer more localized privileges, like visitation rights in county jails or health benefits for partners of municipal employees. New York City, for example, allows couples on its registry to enjoy tenancy privileges, such as succeeding to the lease on their partners' rent-controlled apartment.

It's very important to understand that municipal domestic partnership registries do not establish inheritance rights and therefore won't qualify as an NMLR for Social Security purposes. You'll need to formalize your relationship on the state level (complete with inheritance rights) in order to be considered an NMLR.

What If I Move From a State That Recognizes Civil Unions or Domestic Partnerships to a State That Doesn't?

If you (or your partner) no longer live in the state where you formalized your NMLR, or you're just not sure how your relationship affects your Social Security benefits, you should contact the agency at 800-772-1213. (If you're hard of hearing, you can use TTY at 800-325-0778). You can also speak to a representative in person using the Social Security field office locator tool here.

Key Takeaways

While marriage equality is the law of the land, lots of couples—such as those who are older, want to keep finances separate, or aren't interested in marriage—might prefer to enter into a civil union or domestic partnership instead. And since all the states that recognize these relationships allow partners to inherit from each other just like a spouse would, the SSA will consider them as married for purposes of assigning benefits.

Things may get more complicated if you have a municipally (but not state) recognized domestic partnership or if you or your partner lives abroad. And if your partnership dissolves, you might face unique challenges specific to couples in domestic partnerships or civil unions—particularly if children are involved. Check out our article addressing issues facing same-sex couples for more information, and consider talking to a family law attorney with experience in LGBTQ+ rights if you need further guidance.