By statute, since July 30, 2004, Maine has authorized a state domestic partner registry and afforded certain legal rights to registered domestic partners, including the right to inherit a surviving spouse’s share under Maine intestate succession law. The Maine domestic partner registry is available to both same-sex and opposite-sex couples. As evidenced by a State of Maine Declaration of Domestic Partnership, the claimant and the NH registered an opposite-sex domestic partnership with the Maine state domestic partner registry in 2015. Based on their registered domestic partnership, the claimant has the right to inherit a surviving spouse’s share from the NH under Maine intestate succession law. Per section 216(h)(1)(A)(ii) of the Social Security Act, the agency can consider the claimant to be the NH’s “spouse” for Title II spouse’s insurance benefits.

QUESTION PRESENTED

You asked whether J~ (Claimant) and the number holder T~ (NH) are “spouses” for purposes of the Claimant’s application for spouse’s insurance benefits under Title II of the Social Security Act (Act) on the NH’s record where the Claimant alleges that she and the NH are opposite-sex registered domestic partners in Maine. The Claimant has provided a State of Maine Declaration of Domestic Partnership filed on December XX, 2015, as evidence of their registered domestic partnership.

ANSWER

Applying section 216(h)(1)(A) of the Act and Maine law to determine marital status for Title II benefits, we believe Maine courts would find that the Claimant could inherit a surviving spouse’s share from the NH under Maine intestate succession law based on the couple’s valid domestic partnership, registered with the State of Maine and effective on December XX, 2015, in accordance with Maine’s laws establishing a state domestic partner registry. See 42 U.S.C. § 416(h)(1)(A)(ii); 20 C.F.R. §§ 404.330(a), 404.345; POMS GN 00305.005A; Me. Rev. Stat. Ann. tit. 18-C, §§ 1-201(54), 2-101, 2-102; Me. Rev. Stat. Ann. tit. 22, § 2710. As such, we believe there is legal support for the agency to find that the Claimant is the NH’s “spouse” for purposes of her application for Title II spouse’s insurance benefits on the NH’s record. See 42 U.S.C. §§ 402(b), (c), 416(a)(1), (b), (f), (h)(1)(A)(ii); 20 C.F.R. §§ 404.330(a), 404.345; see also POMS GN 00305.005A, RS 00202.001.

BACKGROUND

The Claimant filed an application for spouse’s insurance benefits on the NH’s record with a protective application filing date of April XX, 2025. The NH was living in Maine when the Claimant filed the application. The Claimant alleges that she and the NH registered an opposite-sex domestic partnership in Maine on December XX, 2015. She provided the agency with a certified copy of a State of Maine Declaration of Domestic Partnership.

The State of Maine Declaration of Domestic Partnership identifies the Claimant (born in 1960) as domestic partner A and the NH (born in 1952) as domestic partner B. They both signed the Declaration of Domestic Partnership on December XX, 2015, before a notary public certifying that they were not prohibited from marriage; that the declaration did not create a marriage; that the partners had been legally domiciled together in Maine for at least 12 months preceding the filing of the declaration; that neither of them was married or in a registered domestic partnership with another person; and that each partner is the sole domestic partner of the other one. They certified that they read the declaration in its entirety, understood the terms and conditions outlined, and that all the statements were true. The Deputy State Registrar for the State of Maine Vital Records Office signed and dated the Declaration of Domestic Partnership as filed on December XX, 2015. A certified copy of the Declaration of Domestic Partnership was issued on December XX, 2015.

ANALYSIS

A. Federal Law: Status as a “Spouse” for Entitlement to Spouse’s Insurance Benefits^[1]

Under Title II of the Act, a claimant may be entitled to spouse’s insurance benefits on the record of an individual entitled to old-age or disability insurance benefits if, among other things, the claimant is the “spouse” of the individual and their marital relationship has lasted at least one year before the date the claimant filed the application for benefits.^[2] See 42 U.S.C. §§ 402(b), (c), 416(a)(1), (b), (f); 20 C.F.R. § 404.330(a); see also POMS RS 00202.001. The agency will find a claimant to be an individual’s spouse if the courts of the State in which the individual was domiciled at the time the claimant filed the application would find that the claimant and the individual were validly married at the time the claimant filed the application, or if, under application of that State’s intestate succession laws, the claimant would be able to inherit a spouse’s share of the individual’s personal property. See 42 U.S.C. § 416(h)(1)(A); 20 C.F.R. §§ 404.344, 404.345.

There is no evidence of a valid marriage between the NH and the Claimant; rather, there is only evidence of their Maine opposite-sex registered domestic partnership. Following section 216(h)(1)(A)(ii) of the Act, the agency will treat a couple’s non-marital legal relationship (such as a civil union, domestic partnership, or reciprocal beneficiary relationship) as a marital relationship and consider a claimant to be the insured individual’s spouse for Title II benefit purposes if the State of the insured individual’s domicile would allow the claimant to inherit a spouse’s share of the insured individual’s personal property if the individual died without leaving a will. See 42 U.S.C. § 416(h)(1)(A)(ii); 20 C.F.R. § 404.345; see also POMS GN 00305.005A (non-marital legal relationships can be treated as marital relationships for Title II benefit purposes), GN 00210.004 (instructions for determining whether a same-sex non-marital relationship can be treated as a marital relationship for Title II benefits). As the NH was domiciled in Maine when the Claimant filed the application for spouse’s benefits, we look to Maine law to determine if the Claimant is the NH’s “spouse” for Title II benefit purposes given their Maine opposite-sex registered domestic partnership.

B. Maine State Law: The Right to Inherit a Surviving Spouse’s Share under Maine Intestate Succession Law based on a Registered Domestic Partnership

1. Since July 30, 2004, Maine law has authorized a state-wide domestic partner registry

Beginning July 30, 2004, the State of Maine established a state-wide domestic partner registry and afforded certain legal benefits to registered domestic partnerships. See Me. Rev. Stat. Ann. tit. 22, § 2710; Maine Legislation 2003, c. 672, § 17. Notably, a registered domestic partnership is not the same as a legal marriage under Maine law.^[3] Maine law defines “domestic partners” as “2 unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other’s welfare.” Me. Rev. Stat. Ann. tit. 22, § 2710(2) (emphasis added).

To be eligible to register as domestic partners: (A) each domestic partner must be a mentally competent adult and not impaired or related in a way that would prohibit marriage under Me. Rev. Stat. Ann. tit. 19-A, § 701(2)-(4); (B) the domestic partners must have been legally domiciled together in the State of Maine for at least 12 months before registering the domestic partnership; (C) neither domestic partner is married or in a registered domestic partnership with another person; and (D) each domestic partner is the sole domestic partner of the other and expects to remain so. Me. Rev. Stat. Ann. tit. 22, § 2710(2). As there is no requirement that the domestic partners be of the same sex, both same-sex and opposite-sex couples may register as domestic partners under the law. See Me. Rev. Stat. Ann. tit. 22, § 2710.

To register in the Maine domestic partner registry, the domestic partners must jointly file with the State registry a declaration of domestic partnership under oath on appropriate State forms along with the required filing fee.^[4] Me. Rev. Stat. Ann. tit. 22, § 2710(3), (6). The State registry files the declaration in the domestic partner registry and provides copies of the declaration to the domestic partners. Id. A domestic partnership may be terminated by marriage or by filing a notice of termination with the registry. Me. Rev. Stat. Ann. tit. 22, § 2710(4).

2. Maine law affords certain legal benefits to registered domestic partnerships, including the right to inherit a surviving spouse’s share under intestate succession law

As stated, upon creating the state domestic partner registry effective July 30, 2004, the State of Maine also amended its statutes to afford certain legal benefits to registered domestic partnerships. See In re Boardman, 166 A.3d 106, 111 (Me. 2017) (noting that unmarried domestic partners are afforded various legal benefits under Maine statutes).Of relevance to the present matter, effective July 30, 2004, the Maine Legislature amended the Maine Uniform Probate Code (UPC) to provide for inheritance rights for surviving registered domestic partners.

Maine’s intestate succession statutes within the Maine UPC provide for the inheritance of a decedent’s “surviving spouse.” See Me. Rev. Stat. Ann. tit. 18-C, § 1-201(23) (defining “heir” as those persons, including a surviving spouse, who are entitled to inherit under intestate succession), § 2-101 (“Any part of a decedent’s estate not effectively disposed of by will passes by intestate succession to the decedent’s heirs….”), § 2-102 (instructing on the “intestate share of a decedent’s surviving spouse”). For application throughout the probate code, Maine’s UPC defines “spouse” to include registered domestic partners. Me. Rev. Stat. Ann. tit. 18-C, § 1-201(54) (“‘Spouse’ means an individual who is lawfully married and includes registered domestic partners and individuals who are in a legal union that was validly formed in any state or jurisdiction and that provides substantially the same rights, benefits, and responsibilities as a marriage”); see also Me. Rev. Stat. Ann. tit. 18-C, § 1-201(49) (“‘Registered domestic partners” means domestic partners who are registered in accordance with Title 22, section 2710”). Thus, under current Maine intestate succession law, a decedent’s surviving registered domestic partner is entitled to inherit a surviving spouse’s share of the decedent’s estate.^[5] See Me. Rev. Stat. Ann. tit. 18-C, §§ 1-201(54), 2-101, 2-102; Me. Rev. Stat. Ann. tit. 22, § 2710.

3. Application of the Law to the Claim

Here, the Claimant provided the agency with a certified copy of the State of Maine Declaration of Domestic Partnership showing that she and the NH registered their domestic partnership in the state domestic partner registry in accordance with Maine law on registration in Me. Rev. Stat. Ann. tit. 22, § 2710(1), (3), (6). In this Declaration signed by the NH and the Claimant in front of a notary on December XX, 2015, the couple certified that they met the statutory requirements for eligibility listed in Me. Rev. Stat. Ann. tit. 22, § 2710(2). We are aware of no evidence indicating otherwise. We also have no information that they have terminated their registered domestic partnership. Me. Rev. Stat. Ann. tit. 22, § 2710(4). The Deputy State Registrar for the Maine CDC Vital Records Office signed and dated the Declaration as filed in the state domestic partner registry on December XX, 2015, in accordance with Me. Rev. Stat. Ann. tit. 22, § 2710(3). The couple’s opposite-sex registered domestic partnership therefore appears to be a valid registered domestic partnership under Maine law effective December XX, 2015.^[6] See Me. Rev. Stat. Ann. tit. 22, § 2710.

As addressed above, because the Claimant and the NH are registered domestic partners in accordance with Maine law, the Claimant has the right under the Maine UPC to inherit a surviving spouse’s share from the NH under intestate succession law. See Me. Rev. Stat. Ann. tit. 18-C, §§ 1-201(54), 2-101, 2-102; Me. Rev. Stat. Ann. tit. 22, § 2710. Therefore, applying section 216(h)(1)(A)(ii) of the Act and Maine law, we believe there is legal support for the agency to find that the Claimant is the NH’s “spouse” for purposes of her application for Title II spouse’s insurance benefits on the NH’s record. See 42 U.S.C. § 416(h)(1)(A)(ii); 20 C.F.R. §§ 404.330(a), 404.345; POMS GN 00305.005A; see also POMS PR 05005.022 Maine, A. PR 19-017 Lump-Sum Death Payment for Opposite-Sex Domestic Partner in Maine (Oct. 25, 2018) (advising that consistent with section 216(h)(1)(A)(ii) of the Act, where the claimant and the deceased NH had a registered opposite-sex domestic partnership in Maine, the agency could consider the claimant to be the NH’s surviving spouse for purposes of the lump sum death payment because Maine law permits a registered domestic partner to inherit a spouse’s share under intestate succession law).

CONCLUSION

Applying section 216(h)(1)(A) of the Act and Maine law to determine marital status, we believe Maine courts would find that the Claimant could inherit a surviving spouse’s share from the NH under Maine intestate succession law based on the couple’s valid domestic partnership, registered with the State and effective on December XX, 2015, in accordance with Maine’s laws establishing a state domestic partner registry. As such, we believe there is legal support for the agency to find that the Claimant is the NH’s “spouse” for purposes of her application for Title II spouse’s insurance benefits on the NH’s record.

The number holder (NH) died while domiciled in Maine; thus we look to Maine law to determine if the claimant could be considered the NH's surviving spouse for purposes of receiving the lump-sum death payment (LSDP) benefit. By statute, Maine has allowed domestic partnerships since 2004, and a domestic partner inherits as a “spouse” under Maine's intestacy statutes. Therefore, the agency would consider the claimant to be the surviving spouse of the NH. In addition, the claimant was living in the same household as the NH at the time of his death. Accordingly, we believe SSA can award a lump-sum death payment to the claimant based on the NH’s record.

I. Question Presented

You asked us whether the Social Security Administration (SSA) should award a lump-sum death payment to Ms. S~ (the claimant) on the earnings record of F~, the deceased number holder (NH), with whom she entered into a domestic partnership on March XX, 2011 in the state of Maine. ^[7]

II. Short Answer

Yes. We believe SSA can award the lump-sum death benefit to the claimant, as we believe the courts in Maine would grant an opposite-sex domestic partner the same rights as a widow to share in the distribution of the NH’s intestate personal property.

III. Background

The NH and the claimant^[8] entered into a domestic partnership in the State of Maine on March XX, 2011. See Exhibit – Dangler-Blodgett Domestic Partnership – State of Maine. At the time of the NH’s death, in April 2017, he was domiciled in the state of Maine. The NH resided at the same address as the claimant from at least 2011 through his death, except for the two months leading up to his death, when he required care in a nursing home.

IV. Applicable Law: Federal Law and Agency Guidance

Relevant here, to be entitled to a lump-sum death payment under Title II of the Social Security Act, a claimant must show that she is the widow of the insured and was living in the same household with the deceased at the time of his death. See 42 U.S.C. § 402(i)(1); 20 C.F.R § 404.390.

As to the requirement of whether a claimant is a widow, the Act defines “widow” as “the surviving wife of an individual . . . .”^[9] 42 U.S.C. § 416(c)(1). The relationship requirement can also be met if, under State law, the claimant would be able to inherit a spouse’s share of the insured’s personal property if he were to die without leaving a will. 42 U.S.C. § 416(h)(1)(A)(ii); 20 C.F.R. § 404.345; Program Operations Manual System (POMS) RS 00207.001. See also POMS GN 00210.004 (recognizing that a same-sex domestic partnership is a type of non-marital legal relationship that may convey spouse-like inheritance rights). To decide a claimant’s relationship to the insured, the agency must look to the laws of the State where the insured had a permanent home at the time he died. 20 C.F.R. § 404.345; POMS RS 00207.001.

Thus, even though the claimant and the NH were never ceremonially married, the claimant will be considered the NH’s widow if: (1) the domestic partnership was valid in Maine and (2) Maine law would either recognize a domestic partnership as a marital relationship or allow members of a Maine domestic partnership to inherit the same share as a spouse under its intestacy laws at the time of the NH’s death.

V. Discussion

A. SSA Should Consider the Claimant to Be the NH’s Widow Because She Could Inherit aSpouse’s Share of the NH’s Estate under Maine’s Intestacy Law.

i. The Domestic Partnership Between the Claimant and the NH Was Valid in Maine.

The domestic partnership between the claimant and the NH was valid under Maine law from the time it was entered into through the NH’s death. The state of Maine, by statute, has allowed domestic partnerships since 2004, at least between opposite-sex couples, and continues to register such partnerships today. See Me. Rev. Stat. Ann. tit. 22, § 2710 (2004); Me. Rev. Stat. Ann. tit. 22, § 2710 (2010). The domestic partnership between the claimant and the NH was entered on March 28, 2011; the claimant provided a certified copy of the record issued by the state of Maine. The record indicates that domestic partner “means one of two unmarried adults who are domiciled together under long-term arrangements that evidence a commitment to remain responsible indefinitely for each other’s welfare.” See Exhibit – Dangler-Blodgett Domestic Partnership – State of Maine.

ii. Maine Recognizes Domestic Partnership as a Non-Marital Legal Relationship ThatConfers Inheritance Rights.

As the claimant and the NH were in a valid, non-marital legal relationship, we consider next whether Maine would recognize the relationship as one that would allow the claimant to inherit as a “spouse” under its laws. The agency will consider the claimant to be the NH’s spouse for benefit purposes if the state of the NH’s domicile would allow the claimant to inherit a spouse’s share of the NH’s personal property if the NH died without leaving a will. 42 U.S.C. § 416(h)(1)(A)(ii); 20 C.F.R. § 404.345; POMS RS 00207.001.

Maine sets forth the law of intestacy in the Maine Uniform Probate Code (UPC). The Maine UPC defines the term “heir” to mean “those persons, including the surviving spouse or surviving registered domestic partner, who are entitled under the statutes of intestate succession to the property of a decedent.” Me. Rev. Stat. Ann. tit. 18-A, § 1-201(17) (2017). And, dispositive to the claimant’s application here, the Maine UPC recognizes a surviving registered domestic partner as synonymous with a surviving spouse in its law on intestate succession. Me. Rev. Stat. Ann. tit. 18-A, § 2-202(17) (2017) (“Share of spouse or registered domestic partner”). Therefore, since the state of Maine would find that a domestic partner inherits as a “spouse” under its intestacy statutes, SSA should consider the claimant to be the widow of the NH.

B. The Claimant Was Living in the Same Household with the NH at the Time of his Death.

The claimant also satisfies the requirement that she was living in the same household with the deceased at the time of his death. See 20 C.F.R § 404.390. Although the deceased NH lived in a nursing home for the two months prior to his death, the claimant and NH would still be considered “living in the same household” within the meaning of the regulations, as this arrangement was temporary. 20 C.F.R. § 404.347(c) (“An absence will be considered temporary if: (c) It was for an extended separation, regardless of the duration, due to the confinement of either you or the insured in a hospital, nursing home, or other medical institution, if the evidence indicates that you were separated solely for medical reasons and you otherwise would have resided together.”).

VI. Conclusion

As the NH’s domestic partner, we believe the Maine courts would recognize that she could inherit intestate personal properly as the NH’s widow under Maine law. In addition, she was living in the same household as the NH at the time of his death. Accordingly, we believe SSA can award a lump-sum death payment to the claimant based on the NH’s record.