I am 65 years old and still working living together since 32 years but not married with woman she is 63 years right now ,we got together 2 adult children,since 32 years we file joint taxes .she has been working beforefor 9 years .I wanted to know when she rech retirement age 66 or if i die she qualifyies for any survive benefits social security benefits? i heard that we must be married for at least 9 months to qualif for any benefits,thats right ? Thanks August

Hi August,

Your lady friend couldn't qualify for any benefits on your record unless you are legally married, although some states recognize common law marriages as legal. For a list of state laws on common law marriage, refer to this reference from Social Security's operations manual: https://secure.ssa.gov/apps10/poms.nsf/lnx/0200305075. And yes, you normally must have been married for at least 9 months in order to qualify for widow's benefits.

If your friend has 40 quarters of Social Security coverage herself, then she could qualify for retirement benefits based on her own earnings history regardless of her marital status. You and your friend may want to consider using the maximization software available on this website to determine what effect marriage would have on your filing options.

Best, Jerry