I married my same-sex partner in another state and live in Nebraska. Can I receive Social Security benefits based on my spouse’s earnings?

Probably not.  In order to determine whether a person is married, Social Security looks at the laws of the state where you reside.  Thirty-seven states, including Nebraska, currently do not recognize same-sex marriage. The Supreme Court recently held it was unconstitutional for the federal government to deny benefits to married same sex couples in states that recognized same-sex marriage.  This decision did not, however, go so far as to require federal agencies, such as the Social Security Administration, to provide those benefits to individuals living in states where same-sex marriage is not recognized.  Right now it appears that Social Security could continue to look at the state law where married couple reside, and would not be required to recognize the same-sex marriage of a couple living in Nebraska. For more information, contact Omaha disability lawyer  (402) 933-5405 or contact [email protected]