Ask Larry

Does My Common Law Marriage Make Me Qualified For My Spouse's Social Security After He Passes Away?

I have a common-law marriage am I eligible in Texas for my spouse's social security after he passes away when I'm eligible for Social Security

Hi,

Texas law recognizes common law marriages, and as long as you have a valid common law marriage you can potentially qualify for Social Security widow's benefits if and when you meet the other requirements for those benefits. The requirements for Social Security widow's benefits are outlined in the following section of Social Security's handbook: https://www.ssa.gov/OP_Home/handbook/handbook.04/handbook-0401.html.

Best, Jerry

Category: 
Posted: 
Feb 22 2021 - 3:46pm
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.