Can Same-Sex Couples Receive Social Security Spousal and Survivor Benefits in San Antonio?

When same-sex marriage became legal a few years ago, it also changed things as far as Social Security benefits are concerned. A lot of people don’t realize just what they’re entitled to. While LGBT couples still have to meet some basic requirements, they are finally eligible to receive both spousal and survivor benefits from Social Security.

Since Social Security can be confusing even for some attorney, it’s not a good idea to try to figure them out yourself. If you don’t know what you’re doing, you could miss out on thousands of dollars in benefits.

What you should do is meet with an experienced LGBT probate lawyer in San Antonio. They can review your situation and let you know what benefits you may be entitled to. They can also help you apply for benefits. This way, you get every dollar you’re entitled to. You will also have a better idea of how you and your spouse can prepare for the future.


Your San Antonio LGBT Probate Lawyer Can Explain Spousal Benefits

One major change in the last few years is that same-sex couples can now receive spousal benefits. As long as you’ve been married for one year, you can apply for these benefits. Your San Antonio LGBT probate attorney can help you do this.

The way spousal benefits works is a bit complicated. They kick in as long as your spouses is getting retirement or disability benefits. You can apply for them as long as you’re 62 years or older. You can actually receive as much as half of what your spouse is receiving from Social Security.

The one thing you have to keep in mind is that the earlier you take them, the less you get. You want to wait until you’ve reached full retirement age if possible. This way, you ensure that you get the maximum amount possible.

The other nice thing is you can get these benefits even if you wouldn’t have qualified for them on your own. And, if you do qualify individually, the amount you receive will increase based on your spouse’s earnings record.

A lot of people wonder if you can still apply for these benefits if you’re divorced. The answer is yes, however, you had to have been married for at least ten (10) years. Since same-sex marriage has only been legal a few years, it will be a while before this has any impact on the LGBT community.


How do Survivor Benefits Work?

Nobody wants to think about losing their spouse. However, the older you get, the more this becomes a real possibility. You want to make sure you know what you’re entitled to. Otherwise, it will be very difficult to support yourself once your partner or spouse dies.

As long as you’ve been married for at least nine (9) months, you can apply for Social Security survivor benefits. If your spouse dies before you, there is a possibility that you can collect survivor benefits.

These benefits are based on your spouse’s earnings, not yours. So, even if you never worked, or earned much less than your spouse, you can still receive benefits. For example, if your spouse made $100,000 a year in their highest earning period, this is the number they will use to calculate your survivor benefits.

If you can wait until you’ve reached full retirement age, you’ll receive full survivor benefits. However, if your spouse dies young, or they are much older than you, the amount will be reduced.

The same rule applies to survivor benefits when it comes to divorce. You have to be married for at least ten (10) years before you can qualify for your ex-spouse’s survivor benefits.


How Can an LGBT Probate Lawyer in San Antonio Help?

Most people get very confused when they try to figure out Social Security benefits. Attorneys who don’t practice this kind of law can even find it complicated. This is why it’s a good idea to contact an experienced LGBT probate lawyer in San Antonio.

Your lawyer can let you know what benefits you may be entitled to. They can also help you apply for them. If for some reason your benefits are denied, your San Antonio probate lawyer can help you file an appeal.

Call Eddington & Worley today and schedule an appointment with a local probate lawyer. You need to plan for your future. It’s never too early to do this. If you’re entitled to Social Security benefits, it’s important that you take advantage of them.

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