Been divorced 29 yearsi. Ex passed a year ago. We lived together from Nov 1979, got married in 1985, divorced in 1993, Total 14years. Since Okl recognizes common law what do I need to send as proof if there's no living blood relative of his? For death benefits or what can I qualify for? I'm 60 yrs old!
Hi. According to Social Security's operations manual, this is what is required to establish a common law marriage in Oklahoma:
To establish a common-law marriage, the parties must:
1. have an actual and mutual agreement between the spouses to be husband and wife;
2. have a permanent relationship;
3. have an exclusive relationship, proved by cohabitation as man and wife; and
4. hold themselves out publicly as husband and wife.
Therefore, you'd ideally want to submit evidence that shows you lived with your ex-spouse as husband and wife during the period in question (e.g. mortgages, deeds, joint tax returns, etc.).
Regardless of what records you have, though, you are allowed to apply for survivor benefits in order to receive a formal determination on your allegation of a 10-plus year marriage. If you apply for benefits and if your claim is disallowed by Social Security, you would then have appeal rights. You may not be successful in your claim or your appeal, but you definitely won't qualify for survivor benefits if you don't apply.
If you can establish that you were legally married for at least 10 years prior to your divorce, you could potentially qualify for surviving divorced spousal benefits on your ex's record. The benefit amount would depend on your ex-spouse's earnings history, whether or not your ex collected reduced retirement benefits prior to his death, and the age at which you claim benefits. If you start drawing survivor benefits at age 60, your benefit rate would amount to roughly 71.5% of your ex's primary insurance amount (PIA). But, if your ex didn't collect reduced retirement benefits and if you don't collect survivor benefits until you reach full retirement age (FRA), you could potentially qualify for a benefit rate equal to at least 100% of his PIA.
Best, Jerry
