Question Presented
Should the agency consider parties to a Washington state domestic partnership to be
spouses for purposes of survivor’s benefits where the insured died while domiciled
in Oregon?
Short Answer
Yes. The agency could consider the claimant to be the number holder’s (NH) spouse
based on the Washington domestic partnership. Here, where the domestic partnership
laws of Oregon and Washington are substantially similar, and both provide for spousal
inheritance rights, Oregon policy would not prevent recognition of this validly formed
Washington domestic partnership. Thus, because the claimant can inherit as the NH’s
spouse under Oregon law, the agency should consider the claimant and the NH as married
for benefits purposes when the NH passed away while domiciled in Oregon.
Background
On June XX, 2015, K~ (claimant) and B~ (NH) filed for and were issued a certificate
of state registered domestic partnership by the State of Washington. There is no evidence
that their domestic partnership was not validly formed. Thereafter, the couple moved
to Oregon together, but never married or registered as an Oregon domestic partnership.
They continued to reside together in Oregon until the NH’s death in December 2018.
The claimant now seeks survivor’s benefits.
Applicable Law
Federal Law
An individual must establish a marital relationship with the NH in order to be entitled
to widow’s or widower’s benefits. 42 U.S.C. § 402(e)-(f); 20 C.F.R. § 404.335. Where
there is a non-marital legal relationship rather than a marriage, the agency determines
whether the non-marital legal relationship qualifies as a marital relationship using
the intestacy laws of the state of the NH’s domicile when he or she died. 42 U.S.C.
§ 416(h)(1)(A)(i); 20 C.F.R. § 404.345. If, under state law, a claimant could inherit
a spouse’s share of the NH’s personal property if the NH died without leaving a will,
the agency treats the couple’s non-marital legal relationship as a marital relationship
for purposes of determining entitlement to benefits. 20 C.F.R. § 404.345. In this
case, the NH was domiciled in Oregon at the time of death; therefore, Oregon state
law governs.
Oregon Law
Oregon began recognizing domestic partnerships in 2008. Or. Rev. Stat. § 106.300 et
seq. Domestic partnerships are allowed except when (1) either party has another partner
or spouse living at the time of the domestic partnership; (2) the parties are first
cousins or any nearer kin to each other; or (3) either party is incapable of consenting
to the contract for want of age or understanding. Id. § 106.315. Oregon law grants
couples registered as domestic partners the same survivor benefits as married couples.
Id. § 106.340(1). A surviving spouse is entitled to a share of the deceased spouse’s
estate when the spouse dies intestate. Or. Rev. Stat. §§ 112.025, 112.035. Oregon
registered domestic partnerships thus qualify as marital relationships for SSA benefits
purposes. POMS GN 00210.004D.
There is no explicit provision in Oregon law either recognizing or rejecting out-of-state
registered domestic partnerships. However, as a general principle of Oregon law, “a
marriage which is recognized as valid in the state where it was performed will be
recognized in Oregon.” Garrett v. Chapman, 449 P. 2d 856, 858 (1969). There is a potential
exception to that rule “where the policy of this state dictates a different result
than would be reached by the state where the marriage was performed.” Id. Thus, when
considering the validity of marriages formed in other states, the question is whether
any Oregon policy would prevent recognition of the marriage.
Washington Law
Beginning in July 2007, Washington state began permitting couples to enter into state
registered domestic partnerships where certain requirements are met. Wash. Rev. Code
§§ 26.60.010, 26.60.030. Similar to Oregon’s domestic partnership law, a Washington
state domestic partnership is only permitted where the individuals are not already
married to or in a state registered domestic partnership with someone else; are of
age and capable of consenting; and are not closely related. Id. The parties of a state-registered
domestic partnership are treated the same as married spouses and have the same inheritance
rights under intestacy law. Id. §§ 11.04.015(1); 26.60.015. Thus, the agency will
deem Washington state-registered domestic partners married for the purposes of Title
II benefits. See POMS GN 00210.004D.
Analysis
While the claimant and the NH neither married nor entered into a domestic partnership
in Oregon, Oregon courts would likely recognize a Washington state domestic partnership
as a marriage for the purposes of applying intestate laws. Oregon case law is replete
with challenges to the marital status of decedents in intestate proceedings, including
challenges involving out-of-state marriages. In such cases, Oregon courts have undertaken
an analysis of whether there was valid marriage under the law of the state where the
marriage occurred and, if so, whether Oregon policy would dictate a different result
See, e.g., Garrett, 449 P.2d at 856 (considering whether an Idaho marriage was valid
under the laws of Idaho and Montana and whether Oregon policy would dictate a contrary
finding).
Accordingly, an Oregon court would likely recognize the claimant and NH’s out-of-state
domestic partnership. As Washington’s domestic partnership law is substantially similar
to Oregon’s domestic partnership law, it does not appear that Oregon policy would
prevent recognition of this validly formed Washington domestic partnership. Compare
Wash. Rev. Code §§ 26.60.015, 26.60.030, with Or. Rev. Stat. §§ 106.315 & 106.340.
Because Oregon would likely recognize this domestic partnership for inheritance purposes,
the agency may treat the couple’s relationship as a marital relationship for purposes
of determining entitlement to benefits.
Conclusion
The agency could deem the claimant and NH as married based on their Washington-registered
domestic partnership because, we believe that the Oregon courts would recognize such
a relationship allows for intestate inheritance rights as a spouse. Accordingly, you
could find the claimant is entitled to survivor’s benefits on the NH’s record.