Common-Law Spouse Benefits In Texas: What You Need To Know

In Texas, common-law spouses have the same rights as spouses in a traditional marriage. This means that they are entitled to the same retirement benefits, survivor's benefits, and Social Security spousal benefits. They may also be eligible for FEHB coverage (Federal Employee Health Benefits) and cannot be excluded from insurance programs.

Retirement benefits

In Texas, common-law spouses have the same rights to retirement benefits as traditionally wedded couples. This includes Social Security benefits, survivor benefits, and annuities.

If you are eligible to receive your own personal benefits, Social Security will pay you the higher of the two amounts. You will need to provide certain evidence to prove your common-law marriage under Texas law when applying for benefits. This may include completing form SSA-754 Statement of Marital Relationship.

If you are at least 62 years old, you can collect between 32.5% to 50% of your spouse's social security benefit. If your spouse is still alive, you may be eligible to receive Social Security spousal benefits. If your spouse dies, you will still be entitled to survivor's benefits if you are 60 years of age or older.

In the event of a divorce, your spouse will likely receive a part of your annuity as part of the asset division.

Survivor's benefits

In Texas, common law spouses are entitled to the same retirement benefits as those in a traditional marriage. This includes survivor's benefits, which a spouse can receive if their partner dies. To be eligible, the surviving spouse must be 60 years of age or older. They will receive the deceased spouse's entire benefit if the deceased had reached full retirement age.

If the surviving spouse is under 60, they may still be eligible to receive a percentage of their spouse's social security benefit. This ranges from 32.5% to 50% of the full benefit, which the deceased would have been entitled to upon reaching retirement age.

In addition to retirement and survivor's benefits, common law spouses in Texas may also be eligible for FEHB coverage (Federal Employee Health Benefits). This is a program offered by the United States Office of Personnel Management to federal government employees. To be eligible, the spouse must provide documentation recognising the marriage, such as a court order or signed declaration.

It is important to note that common law marriage must be recognised in the state where the couple resides. In Texas, insurers cannot exclude common law spouses from insurance programs, and they are treated the same as spouses in a traditional marriage.

Social Security spousal benefits

Texas is one of the states that honour common law marriage, and as such, common law spouses are entitled to the same benefits as those in a traditional marriage. This includes Social Security spousal benefits, which you may be eligible for if your spouse is already collecting retirement benefits and you have been married for at least a year. If you are also eligible to receive your own personal benefits, Social Security will pay you the higher of the two amounts.

If you are a common-law spouse, you may also be eligible for FEHB coverage (Federal Employee Health Benefits). This is a program offered by the United States Office of Personnel Management and is available to employees who work for the federal government. To be eligible, you must have been married in a state that recognises common-law marriage, such as Texas. You will still be eligible for FEHB coverage if you move to another state and apply for coverage, as long as common-law marriage was legal in the original state in which you resided.

In addition to these benefits, common-law spouses in Texas are also entitled to the same retirement benefits as those in a traditional marriage. This includes survivor's benefits if your spouse dies. You are eligible to receive these benefits if you are 60 years of age or older, and you can receive your deceased spouse's entire benefit if they had reached full retirement age.

To prove your common-law marriage, you may need to provide documentation such as a court order or judgment from the initiating state recognising the marriage, or your signed declaration. You may also need to provide proof of common residency and combined finances, such as a tax return listing both your names.

FEHB coverage

In Texas, common-law spouses are entitled to the same benefits as those in a traditional marriage. This includes retirement benefits, survivor's benefits, and Social Security spousal benefits. If you are eligible to receive your own personal benefits, Social Security will pay you the higher of the two amounts.

Common-law spouses in Texas are also eligible for FEHB coverage (Federal Employee Health Benefits). To be eligible, you must have been married in a state that recognises common-law marriage, such as Texas. You will remain eligible for FEHB coverage if you move to another state, as long as common-law marriage was legal in the state where you originally resided. To prove your marriage, you must provide a court order or judgment from the initiating state recognising the marriage, or your signed declaration.

FEHB is a program offered by the United States Office of Personnel Management and is available to employees who work for the federal government. It provides health insurance coverage for federal employees and their eligible family members, including common-law spouses.

It is important to note that establishing a common-law marriage can have significant implications in the event of a divorce or the death of a partner. Common-law spouses have the same rights as spouses in a traditional marriage, including the right to a portion of the other spouse's assets and retirement benefits. Therefore, it is crucial to understand the legal requirements and implications of common-law marriage in Texas before making any decisions.

Insurance programs

In Texas, common-law spouses are entitled to the same benefits as those in a traditional marriage. This includes retirement benefits, survivor's benefits, and Social Security spousal benefits. If you are eligible to receive your own personal benefits, Social Security will pay you the higher of the two amounts.

In addition, common-law spouses in Texas may be eligible for FEHB coverage (Federal Employee Health Benefits). This program is offered by the United States Office of Personnel Management and is available to federal government employees. To be eligible, you must provide documentation such as a court order or judgment recognising the marriage, or a signed declaration.

It is important to note that insurers in states that honour common-law marriage, such as Texas, cannot exclude common-law spouses from insurance programs. This means that common-law spouses have the same rights as spouses in a traditional marriage when it comes to insurance benefits.

When it comes to divorce or the death of a partner, common-law spouses in Texas have the same rights as those in a traditional marriage. For example, if you and your common-law spouse file for divorce, your spouse may be entitled to a part of your annuity as part of the asset division.

Frequently asked questions