Ask Larry

Marriage

Is There Anything About Common Law Marriage In Social Security?

Hi Larry I wanted to know is there anything in ss about comm law wife an husband an we able to draw there ss

Hi. Social Security follows the laws of the various U.S. states with regard to common-law marriages. A summary of state laws on common-law marriage can be found in the following section of Social Security's operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0200305075.

Posted: 
Thursday, August 4, 2022 - 17:23

Can I Get Married To Someone On Disability And Keep Getting Benefits?

My birth day 08/11/1960, my question is, can i get married to someone else that's on disability and we both keep it

Hi. Getting married wouldn't cause any changes to a person's Social Security disability (SSDI) benefits, so if that's what you and your prospective spouse are receiving then you'll still be able to collect your benefits if you marry. The only type of benefits that could be reduced or stopped if you got married after reaching age 60 are Supplemental Security Income (SSI), divorced spousal benefits, or disabled adult child's benefits.

Posted: 
Monday, July 12, 2021 - 18:20

Is It True That I Can't Qualify For Widow's Benefits Based On A Common Law Marriage Because I Now Live In North Carolina?

I'm 62 and was married in colorado to my husband for 5 months. We were together for 17 years and considered common law married.
After he passed, I moved to North Carolina.
I called the social security office in Colorado to ask about widow's benefits.
They explained that if I still lived in Colorado, I would be eligible for a widow's benefit. Because I live in North Carolina and they don't recognize common law marriages, they said I am entitled to no benefit.
This doesn't seem right....

Posted: 
Tuesday, February 9, 2021 - 14:04

Would It Be Advisable Financially For My Uncles To Marry?

My Uncles, both in their late 80's, have been life partners since the mid 1980's. They are not married, and have no plans to marry. They both get Social Security checks. They receive about the same, and it adds up to around $30,000 per year. When one of them dies, will the other be eligible for any survivor's benefits? Would it be advisable financially for them to get married?

Hi,

Posted: 
Saturday, December 17, 2016 - 11:15

Does a Common Law Marriage Make Benefits Available?

I have a niece to whom I will be giving your updated book as she and her common law husband of 20+ years are approaching retirement age, and they really really need to read it (I already upgraded!). My question, on their behalf, is whether Social Security recognizes their union as "spousal." I know nothing of their finances but am concerned that by them not having that marriage certificate, they may be in for a rude awakening in the not-too-distant future should something happen to one of them, either through disability or death.

Posted: 
Friday, July 1, 2016 - 10:30
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.