Information for Married Same-Sex Couples
For assistance and answers to specific questions, contact GLAD Answers at www.GLADAnswers.org
The Supreme Court’s historic June 26, 2013 ruling that Section 3 of the discriminatory Defense of Marriage Act (DOMA) is Unconstitutional gives married same-sex couples access to the tangible benefits of the federal safety net, allowing them to better protect one another and their children.
The benefits in the various federal programs only apply to married same-sex couples. The one exception is Social Security. Same-sex couples in a civil union or registered domestic partnership, living in a place that recognizes that relationship, may also be eligible for Social Security spousal-based retirement or survivor benefits.
Many federal programs only require that you are legally married (this is called the “Place of Celebration (POC)” rule), but some programs require that in addition to having legally married that your marriage be recognized by the state in which you reside (this is called the “Place of Domicile (POD)” rule).
The most comprehensive update on the implementation of the Windsor decision can be found in Attorney General Holder's June 20, 2014 memorandum to President Obama.
NOTE: If you think you may be eligible for a federal benefit, we urge you to apply soon as time limits may apply in certain cases.
Choose a federal program from the list below for more information:
- Bankruptcy (POC Rule)
- Benefits And Protections For Civilian Federal Employees And Their Spouses (POC Rule)
- Family And Medical Leave Act For Non-federal Employees (POC Rule)
- Federal Taxes (POC Rule)
- Free Application For Federal Student Aid (FAFSA) (POC Rule)
- General Information
- Immigration (POC Rule)
- Medicare Spousal Protections
- Military Spousal Benefits (POC Rule)
- Private Employment Issues And Benefits
- Social Security Spousal And Family Protections (POD Rule)
- Supplemental Security Income For Aged, Blind And Disabled (SSI) (POD Rule)
- Temporary Assistance For Needy Families (TANF)
- Veteran's Spousal Benefits (POD Rule)