HELP!!! Can't find anything about common law marriage. I was married around 2 yrs. in 1967 -1969 divorced because of abuse etc. We have been living together now 32 yrs. I was told by soc.sec. because I was not married 10 yrs. I could not receive his soc.sec. as long as he is alive, but I could if he was deceased. Because the 9mos. law counted from the 60s. THANKS, FOR ANY HELP!!!! IS THIS IN THE BOOK????

Hi,

First of all, your 2 year marriage that ended in divorce would not qualify you for spousal or divorced spousal benefits, whether your (ex) husband is alive or dead. The 9 month duration of marriage requirement applies to widow(er)'s only (i.e. still married to the deceased at the time of death). If a marriage ends in divorce, the minimum duration of marriage requirement is 10 years in order to qualify for either divorced spousal benefits, or surviving divorced spousal benefits.

Whether or not you may qualify for spousal benefits on the basis of a common-law marriage depends on the nature of the relationship, as well as your state(s) of residence. Some states recognize common-law marriage, while others do not. For more information on whether or not your relationship may qualify as a common-law marriage, consult the following references: https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0307.html, https://www.ssa.gov/OP_Home/handbook/handbook.17/handbook-1717.html & https://secure.ssa.gov/poms.nsf/lnx/0200305075.

Best, Jerry