Understanding Social Security Benefits For Common-Law Spouses

A surviving spouse can collect social security benefits from their late spouse, including common-law spouses, depending on certain factors. These factors include the age of the surviving spouse, whether they are caring for a child of the deceased, and the age of the deceased. The amount of social security benefits a surviving spouse can collect also depends on the deceased's age and the age of the survivor.

Common-law marriage recognition

A common-law marriage, also known as a non-ceremonial marriage, is a marriage that occurs without a license or a ceremony officiated by a religious or state official. Instead, it is an agreement between two people to consider themselves married, followed by cohabitation. Common-law marriages are permitted in several U.S. states, and all U.S. jurisdictions recognize common-law marriages that were contracted in the originating jurisdiction. However, in the absence of legal registration, parties to a common-law marriage may face difficulties in proving their relationship. Some states allow for the registration of common-law marriages through a declaration or state-issued form.

In the context of social security benefits, a surviving spouse can collect benefits based on their late spouse's work record. While the specific benefits vary depending on the age of the deceased and the survivor, a surviving spouse is generally eligible for a percentage of the deceased's retirement benefits.

In the U.S., common-law spouses who meet their state's requirements are eligible for most of the financial benefits of a married couple, including Social Security. To prove their common-law marriage, couples may need to provide evidence such as lease agreements, tax returns, insurance policies, or go to court. Once recognized, common-law spouses can receive spousal Social Security benefits, exempt from gift taxes, and claim deductions for mortgage interest.

Outside of the U.S., the recognition of common-law marriages varies. For example, in Australia, the term "de facto relationship" is used for unmarried couples living in certain domestic circumstances, and these relationships are recognized in the Family Law Act. On the other hand, Kuwait only recognizes common-law marriages in limited cases, such as expatriate familial disputes, and does not extend recognition to couples where one or both parties are Kuwaiti or to homosexual couples.

Survivor benefits eligibility

The Social Security Administration (SSA) provides survivor benefits to eligible surviving spouses and other family members of people who worked and paid Social Security taxes before they died. The eligibility criteria for survivor benefits vary depending on the relationship to the deceased and other factors.

Spouses

Surviving spouses may be eligible for survivor benefits if they were married to the deceased for at least nine months. This requirement is waived if the death was accidental or occurred during US military duty. Additionally, the SSA follows state laws in determining eligible spouses, so if a couple qualifies as spouses in a state that recognizes common-law marriage, they may be eligible for survivor benefits. However, if they move to a state that does not recognize common-law marriage, their marriage will still be recognized. To receive full survivor benefits, surviving spouses must be at least 60 years old (50 if disabled) and not have remarried before turning 60. Remarrying after 60 will not impact survivor benefits. The amount received depends on the age of the survivor and the deceased, with benefits ranging from 71.5% to 100% of the deceased's benefit.

Ex-spouses

Ex-spouses may be eligible for survivor benefits if the marriage lasted at least ten years, and they meet the same age and remarriage requirements as surviving spouses. They can receive benefits based on the work history of their deceased ex-spouse.

Children

Children of the deceased may be eligible for survivor benefits if they are unmarried and:

• Under age 16
• Have a disability
• Are full-time students under age 19
• Are adult children with a disability that began before their 22nd birthday

Parents

Dependent parents of the deceased may also be eligible for survivor benefits.

To apply for survivor benefits, individuals can call the Social Security Administration (SSA) at 800-772-1213 to schedule an appointment to file a claim. They will need to provide the Social Security number of the deceased, or other identifying information such as their date of birth and parents' names.

Remarriage before 60

In the United States, Social Security provides monthly benefit payments to retired and disabled workers, as well as auxiliary benefits to their dependents. These auxiliary benefits include survivor benefits, which are paid to the spouses, former spouses, and widows/widowers of retired, disabled, or deceased workers.

When it comes to remarriage before the age of 60, the current law states that a widow(er) forfeits their claim to benefits from their deceased spouse's Social security earnings record if they choose to remarry before reaching the age of 60. This is known as the "marriage penalty" and applies to both widows and divorced women.

For those who remarry before the age of 60, there are still options to receive benefits. If the subsequent marriage ends, whether by death, divorce, or annulment, the widow(er) may become entitled or re-entitled to benefits based on their prior deceased spouse's earnings record. These benefits can begin as early as the first month after the subsequent marriage has ended, provided that all entitlement requirements are met.

It is important to note that there are specific considerations for those who are widowed or divorced. Widows and widowers can collect survivor benefits when they reach the age of 60, or 50 if they are disabled, or at any age if they are caring for a child of the late spouse who is under 16 or disabled. Similarly, divorced women who were married for at least 10 years and whose ex-spouse is deceased may be eligible for surviving divorced spouse benefits. However, remarriage at any age typically results in the termination of these benefits unless the subsequent marriage ends.

To fully understand your rights and options, it is recommended to consult with a qualified family law attorney or seek guidance from the Social Security Administration directly. They can help you navigate the maze of laws surrounding remarriage and Social Security, ensuring that you make informed decisions that protect your rights and financial future.

Monthly payment amounts

The monthly payment amount a common-law wife can collect from her deceased spouse's social security depends on several factors, including the age of the survivor, the age of the deceased, and whether there are other eligible family members.

If the common-law wife is the surviving spouse and was living in the same household as the deceased at the time of death, she is generally entitled to receive monthly payments based on her late spouse's Social Security credits. The amount she will receive is usually a percentage of the deceased's retirement benefits, which depends on the age of the deceased. If the deceased had not yet reached full retirement age, the surviving spouse can receive up to 100% of the retirement benefits if the survivor is also at least at full retirement age. The full retirement age for survivor benefits is currently 66 years and 4 months for surviving spouses born in 1958, gradually increasing to 67 over the next few years. If the survivor is between 60 years old and full retirement age, they will receive between 71.5% and 99% of the deceased's benefits. The percentage increases the older the survivor is when they claim. If the survivor is under 60 years old but at least 50 years old and has a disability, they can receive 71.5% of the late spouse's benefit. Additionally, if the survivor is caring for a child of the deceased who is under 16 years old or has a disability, they can collect 75% of the late spouse's benefit, regardless of their age.

It is important to note that there is a limit to how much a family can receive, called the "family maximum." If multiple family members are eligible for benefits, the Social Security Administration (SSA) may lower the payments for each individual to stay under this limit.

In addition to monthly payments, a surviving spouse may also be entitled to a one-time death benefit payment of $255 if they lived with the deceased at the time of death. Even if they lived apart, the surviving spouse may still be eligible for the death benefit if they already received spousal benefits.

One-time lump sum

A surviving spouse can receive a one-time lump sum death payment of $255 if they meet certain requirements. The Social Security Administration (SSA) generally follows state laws when determining eligible spouses. If the marriage was legally recognized in the state where the couple resides, then spouses could collect spousal benefits during the marriage and survivor benefits after the other spouse's death. If a common-law couple continually resides in a state that recognizes common-law marriage, they could collect Social Security benefits as spouses. However, if they establish a common-law marriage in a state that recognizes it and then move to a state that does not, their marriage would still be recognized in the new state.

For example, West Virginia does not recognize common-law marriage. If a couple qualified as spouses in a common-law marriage state and then moved to West Virginia, they would be considered married in West Virginia and thus eligible for survivor benefits. Same-sex couples also qualify as spouses for spousal benefits if they are legally married.

To receive the one-time lump sum death payment, the surviving spouse must have been living with the deceased at the time of death or receiving benefits on the deceased's earnings record. Additionally, the marriage must have lasted at least ten years, and the survivor must be at least 60 years old (50 if disabled) and not have remarried before turning 60. If the survivor remarries after turning 60, it will not affect their survivor benefits.

It is important to note that the survivor benefit amount depends on the age of the deceased and the survivor. If the deceased did not reach full retirement age, the surviving spouse can receive 100% of the retirement benefit. If the deceased reached retirement age, the surviving spouse can receive whatever the deceased was entitled to in the month of their death. If the survivor is below retirement age, they are entitled to a reduced benefit of between 71.5% and 99%, depending on their age.

Frequently asked questions