Ask Larry

Can Tax Records Be Pulled To Prove A Common Law Marriage?

married in 92 divorced 4 or 5 years later so I could get my disability remained together for about 5 more he claimed me on taxes I have no paper work to show but he left me later can they pull tax records to prove common law I have so many questions but have nothing to show proof im homeless at 64 please help and im in early stages of demeitcha

Hi, Social Security can't access your past tax records, but those records wouldn't be sufficient to establish a common law marriage anyway. Proving a common law marriage is complicated, and the laws on common law marriages vary by state (https://secure.ssa.gov/apps10/poms.nsf/lnx/0200305075).

If you think that you had a common law marriage and if your former spouse is deceased or he's at least age 62 or drawing Social Security benefits, then you may want to contact Social Security and to see about applying for benefits. I don't know if you'll qualify, but if you apply for benefits Social Security will evaluate your case and discuss with you what evidence may be required.

Best, Jerry

Category: 
Posted: 
Feb 20 2021 - 11:59am
MaxiFi software running on a laptop
Get What's Yours!
Discover tens of thousands in extra retirement dollars with Maximize My Social Security software!
  • Find your maximized strategy
  • Unlimited what-ifs
  • Step-by-Step filing instructions
  • Our software's lifetime-benefit increase for an illustrative couple earning $65K each and planning to take retirement benefits at 62.

    Results will differ based on your specific case and filing strategy.

Getting Started is Easy
Web-based software. Works on ALL browsers. No download.