QUESTION
               You asked whether the claimant, J~, is entitled to benefits as the surviving spouse
                  of the number holder (NH), J2~, who died while domiciled in Wisconsin. The couple
                  entered into a domestic partnership in Wisconsin and later a same-sex marriage in
                  New York. For the reasons discussed below, we conclude that the claimant should be
                  considered the NH’s spouse for Title II benefit purposes based on their domestic partnership
                  and same-sex marriage in combination. Therefore, you may find that the claimant is
                  entitled to surviving spouse’s benefits.
               
               BACKGROUND
               The claimant and the NH entered into a domestic partnership in Wisconsin in August
                  2013. In May 2014, the couple married in New York. The evidence includes a copy of
                  their declaration of domestic partnership from the Wisconsin Vital Records Office
                  and their certificate of marriage registration issued by the New York Department of
                  Health.
               
               The NH died in September 2014. At the time of his death, the NH was domiciled in Wisconsin.
                  The claimant has filed an application for surviving spouse’s benefits on the NH’s
                  record.
               
               DISCUSSION
               Under Title II of the Social Security Act (the Act), a claimant may be entitled to
                  benefits as the widower of an insured individual who died fully insured. See Sections 202(f), 216(g) of the Act; see also 20 C.F.R. § 404.335; POMS RS 00207.001A.1, GN 00210.001A (SSA recognizes same-sex marriages for benefit purposes). As relevant here, to establish
                  a relationship as the insured’s widower, the claimant must either demonstrate a valid
                  same-sex marriage, or show that the NH’s domicile at the time of death would allow
                  the claimant to inherit a spouse’s share of the NH’s personal property. See Section 216(h)(1)(A)(i) of the Act; 20 C.F.R. §§ 404.345, 404.723; POMS GN 00210.002A, GN 00210.004A. In addition, the claimant must show that the required relationship lasted for at
                  least nine months immediately preceding the NH’s death.[1] See Section 216(g)(1)(E) of the Act; 20 C.F.R. § 404.335(a)(1); POMS RS 00207.001A.1.a.2, GN 00210.100B.3.c., GN 00305.100A.1.
               1. The agency should recognize both the claimant’s domestic partnership and same-sex
                     marriage to the NH for benefit purposes. 
               As noted above, the claimant and the NH first entered into a domestic partnership
                  in Wisconsin. With respect to this and other non-marital legal relationships (NMLR),
                  the agency considers the claimant to be the NH’s spouse for benefit purposes when:
                  (1) the NMLR was valid in the state where it was established, and (2) the state of
                  the NH’s domicile would allow the claimant to inherit a spouse’s share of the NH’s
                  personal property should the NH die intestate. See POMS GN 00210.004C. Here, the domestic partnership between the claimant and the NH was valid in Wisconsin
                  at the time it was established in 2013. See Wis. Stat. § 770.001 et seq.; POMS GN 00210.004D. And in Wisconsin, where the NH was domiciled, domestic partners are given spousal
                  inheritance rights. See Wis. Stat. § 852.01(1)(a); POMS GN 00210.004D. Thus, the agency should treat the claimant’s NMLR as a marital relationship for Title
                  II benefit purposes.
               
               The claimant and the NH subsequently entered into a same-sex marriage in New York
                  in 2014. Because their marriage occurred after 2011, when New York permitted same-sex
                  marriage, the agency presumes that the marriage was valid as of the date it was celebrated,
                  without regard to whether Wisconsin recognized same-sex marriage at the time of the
                  NH’s death. See N.Y. Domestic Relations Law § 10-a; POMS GN 00210.002A, 00210.003. Thus, the agency should also recognize the claimant’s same-sex marriage
                  for benefit purposes.
               
               2. The claimant meets the duration-of-marriage requirement. 
               As mentioned above, to be eligible for surviving spouse’s benefits, the claimant’s
                  NMLR and/or marriage to the NH must also meet the nine-month duration requirement.
                  See POMS GN 00210.004E.1.a, GN 00210.100B.3.c. Here, the couple entered into a Wisconsin domestic partnership in August 2013, and
                  were validly married in New York in May 2014. The NH died in September 2014. Neither
                  relationship, by itself, meets the duration requirement—the marriage lasted only four
                  months, and the domestic partnership, while lasting nine months, did not immediately
                  precede the NH’s death because it is considered to have terminated on the date of
                  their marriage. See Wis. Stat. § 770.12(4)(b) (“If a party to a domestic partnership enters into a marriage
                  that is recognized as valid in this state, the domestic partnership is automatically
                  terminated on the date of the marriage.”); POMS GN 00210.003A (“All states must permit same-sex marriage and recognize valid same-sex marriages
                  from other states.”).
               
               The agency, however, may combine the couple’s NMLR and same-sex marriage, since both
                  relationships qualify as marriages for benefit purposes and they were consecutive.
                  See POMS GN 00210.004E.2. And, the domestic partnership and marriage in combination lasted more than nine months
                  immediately preceding the NH’s death. Therefore, the duration-of-marriage requirement
                  for surviving spouse’s benefits has been met.
               
               CONCLUSION
               For the reasons discussed above, we conclude that the claimant should be considered
                  the NH’s spouse for benefit purposes based on their domestic partnership and same-sex
                  marriage in combination. Assuming that the claimant has satisfied the other statutory
                  and regulatory requirements, he is entitled to surviving spouse’s benefits on the
                  NH’s record.
               
               Kathryn Caldwell
               Acting Regional Chief Counsel, Region V
               By: Cristine Bautista
               Senior Counsel