Ask Larry

Is There Any Way That I Might Qualify For Widow's Benefits Based On A Common Law Marriage?

My common-law husband (marriage ceremony in both LA and TN in 1997) died in 2013. Those states are not recognized as common-law states. Is there any way I could get widow benefits when I turn 60 next year?

Hi,

I'm sorry for your loss.

I'm not a lawyer, but my understanding is that a valid common law marriage can potentially be established based on even a temporary stay in a state that recognizes common law marriages. So if you temporarily resided, or even vacationed, with your husband in one of those states and you could prove it to Social Security's satisfaction then there may be some hope. You may want to check out your possible options by perusing the digest of state laws on common law marriage in Social Security's operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0200305075.

And, even if you think it's a long shot you could always file a claim with Social Security in order to receive a formal determination with appeal rights.

Best, Jerry

Category: 
Posted: 
May 18 2018 - 12:09pm
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