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Arthur Rubin
Arthur Rubin, Tax Preparer
Category: Social Security
Satisfied Customers: 1561
Experience:  Over 20 years experience in tax preparation, including some multi-national Social Security applications.
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Can I claim my partner Social Security or Death Benefits same

Customer Question

Can I claim my partner Social Security or Death Benefits same sex together for 30yrs she has past.
Submitted: 1 year ago.
Category: Social Security
Expert:  Arthur Rubin replied 1 year ago.
Thank you for using Just Answer. You can only claim Social Security benefits for your partner if you were married. If you were in a "domestic partnership" (California uses that phrasing; other states may use different phrasing), your status has essentially no Federal recognition. Relevant United States Supreme Court rulings include one from 2013, which says that the Federal Government must recognize any marriage recognized by a state, and the one from June 2015, which says that states cannot deny same-sex marriage. However, there is no requirement that the Federal government recognize as marriage a relationship that the state treats as marriage, without calling it that.