My husband and I were in a "common-law marriage for 24 years before we were married by the JP. We have been married for a total of 28yrs. We recently filed for divorce which was granted in January. Since he is only 55 but declared disabled due to elective surgery he is collecting disability retirement. I have since turned 62 and become eligible for retirement social security. My question is, do I get credit for the years of common-law marriage and can I collect spousal benefits in addition to my social security since we were in a committed relationship for 28yrs? When we decided to live in a common law relationship we had a contract of marriage outlining our wish to be acknowledged as a married couple and to be governed by the state domestic law statutes of the state of Washington. This contract is signed by both and notarized. As such, will social security acknowledge our 28yrs or only the time after the JP service?

Hi,

That's a good question. Social Security considers some common-law marriages valid if they are recognized under state law. However, according to this section from Social Security's operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0200305075#wa, the state of Washington does not recognize common-law marriages.

If you and your ex resided in any other state(s) that did recognize common-law marriage, then there may still be hope. If you could potentially qualify for additional benefits from his record, you can file an application for divorced spousal benefits and receive a formal determination from Social Security. Development of a common-law marriage is a complex and tedious task, and the burden of proof will be on you. Here is the section from Social Security's manual dealing with development of an alleged common-law marriage: https://secure.ssa.gov/apps10/poms.nsf/lnx/0200305065.

Social Security will not make a determination on the validity of your common-law marriage unless and until you potentially qualify for benefits on your ex's record. In order for you to qualify as a divorced spouse, half of his full disability benefit would have to exceed your full retirement age benefit (PIA). If your ex dies before you, you could be eligible on his record if his full disability benefit exceeds your PIA. In either case, however, SSA would have to establish that a valid marriage existed for at least 10 years in order for you to become entitled to benefits on his account.

Best, Jerry