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A same sex couple with spousal benefits holds hands in a field
Riley Pennington

Spousal Benefits for Same-Sex Marriages

June 23, 2021/in Family Law /by Riley Pennington

In recognition of Pride month, it is important to highlight the spousal benefits that were awarded to same-sex couples when same-sex marriage became legal. Although same-sex marriage was legalized in California in 2013, the United States Supreme Court held in Obergefell v. Hodges, that same-sex marriage was legal federally. This decision awarded many couples spousal benefits they were denied for so long. 

What are Spousal Benefits?

In some situations, couples can receive advantageous benefits simply because they are married that non-married couples do not have access to. Some spousal benefits include social security benefits, health insurance, tax benefits, retirement, among others. In California, same-sex couples initially had to register as domestic partners to gain access to some of these benefits or they were outright denied altogether. However, since the landmark case Obergefell, same-sex couples are now eligible for spousal benefits that have historically been exclusive to heterosexual couples. This highlights a large step forward for equal same-sex couple rights to many Californians.

Social Security Spousal Benefits for Married Same-Sex Couples

If you are not eligible for social security because you have never worked or paid an insufficient amount into social security, you could potentially claim spousal benefits and receive some of your spouse’s social security. This allows you to receive up to 50% of your spouse’s social security payments and it does not impact the amount they receive. In order to claim these benefits, you must be 62 or older, your spouse must already be receiving social security and you must be married for at least a year. Some exceptions may apply to some cases.

Employer-Provided Health Insurance Coverage for Married Same-Sex Couples

When an employer offers their employees health insurance, generally that employee can extend their health insurance coverage to their immediate family which includes their spouse and their children. Historically, same-sex couples were not able to maintain health insurance for their partners because the state did not recognize their union. This often would put a burden on the non-employee partner to secure their own health insurance which could be costly. However, now that same-sex marriage is recognized as a legal marriage in the state of California, a same-sex spouse can be insured on their spouse’s employment provided health insurance absent any restrictions or barriers. 

Tax Benefits for Married Couples

Married couples are potentially eligible for a multitude of tax benefits simply because they married that non-married couples are ineligible for. This includes filing a joint tax return which could lead to a lower amount of income taxed for both individuals. As mentioned above, a spouse can receive tax free health care coverage from their spouse’s employer. Additionally, same-sex married couples are also eligible for many tax benefits involving executing an estate. This is merely a small snapshot of the various tax benefits that married couples enjoy.

How Do I Learn More About What Spousal Benefits I Qualify for?

If you or a loved one would like to learn more about spousal benefits, please contact one of our experience attorneys at Lonich Patton Ehrlich Policastri for additional information here.

Please remember that each individual situation is unique, and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship. 

Riley Pennington

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Riley V. Pennington graduated from Sonoma State University with a degree in Political Science. Riley was heavily involved in several leadership organizations and student government, while serving as President of Alpha Xi Delta Fraternity and as a member of the executive board of the Panhellenic Council. Riley received her Juris Doctor from Thomas Jefferson School of Law. During her time as a law student, Riley was a member of the Public Interest Law Foundation as well as the Family Law Society. In addition to being named to the Dean’s List on numerous occasions, Riley was awarded the Jefferson Medal for excellence in legal writing.

Tags: family law attorney, same-sex marriage, spousal benefits
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https://www.lpeplaw.com/wp-content/uploads/2021/06/spousal-benefits.jpeg 1100 1650 Riley Pennington https://www.lpeplaw.com/wp-content/uploads/2021/05/LPEP_PC.png Riley Pennington2021-06-23 23:31:592021-12-22 19:46:16Spousal Benefits for Same-Sex Marriages
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LONICH PATTON EHRLICH POLICASTRI

Phone: (408) 553-0801
Fax: (408) 553-0807
Email: contact@lpeplaw.com

1871 The Alameda, Suite 400
San Jose, CA 95126

Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, San Benito, and San Francisco. For a full listing of areas where we practice, please click here.

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