Ask Larry

Does being a Domestic Partner in California count as being "married" for Social Security Benefits (like Spousal or Survivor's Benefits), and if Yes then how long (9 months? 10 years?) must you be a Domestic Partner for you to be entitled to get Benefits, and how long after a partner's death can you apply for those Benefits? Thanks for your time.
Reggie

Hi Reggie. Whether or not a domestic partnership meets the requirements to be considered as a legal marriage for purposes of Social Security benefits depends on the date and the state in which the domestic partnership was established.

I'm not an expert on all of the various state laws with regard to domestic partnerships, but if your relationship qualifies as a marriage under state law then the duration of marriage requirements for Social Security benefits (i.e. 1 year for spousal benefits, 9 months for widow(er) benefits, or 10 years for divorced spousal benefits) would be the same as they are for traditional marriages. For more information on the Social Security's regulations with regard to non-marital relationships, refer to the following section of Social Security's operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0200210004.

Best, Jerry