Cecily Zamora
A surviving spouse can collect social security survivor benefits if they are at least 60 years old (50 with a disability) and were married to their deceased spouse for at least nine months prior to their death. There are some exceptions to the length-of-marriage requirement, such as accidental death or death in the line of U.S. military duty. The amount of the survivor benefit is generally based on the deceased spouse's Social Security benefit at the time of death, with the percentage increasing the longer the surviving spouse waits to apply and the older they are. In addition to spouses, divorced spouses, children, and dependent parents of the deceased may also be eligible for survivor benefits. To prove eligibility for survivor benefits, certain documentation may be required, such as a statement from a blood relative affirming the marriage or statements from the surviving spouse in a common-law marriage.
| Characteristics | Values |
|---|---|
| Who can get survivor benefits? | You may be eligible if you're the spouse, ex-spouse, child, or dependent parent of someone who worked and paid Social Security taxes before they died. |
| What is the amount of the survivor benefit? | The amount of your survivor benefit is generally based on what your late spouse was receiving from Social Security at the time of death. The actual payment may differ according to your age and family circumstances. |
| What if you weren't married at the time of death? | You may still qualify as the divorced former spouse of a Social Security recipient. Common-law marriages and divorces must be valid under your state's law, and you must otherwise qualify for the benefits. |
| What documentation is needed to prove a common-law marriage? | This may include your own statement affirming the marriage, along with statements from blood relatives of your deceased spouse. A determination by a court or another agency that you had a valid common-law marriage can also be used as evidence. |
| Are there any exceptions to the requirements? | If the late spouse's death was accidental or occurred in the line of U.S. military duty, there's no length-of-marriage requirement. |
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What You'll Learn
Common-law marriages are recognised in some states
In the United States, common-law marriages are only recognised by a few states. These include Texas, which publishes legal research guides on common-law marriages and social security. If a common-law marriage is valid under state law, then individuals may be eligible for Social Security benefits, including survivor benefits.
The Social Security Administration (SSA) will only acknowledge common-law marriages that were established in states that permit them. If a couple moves to another state after establishing a common-law marriage in a state that allows them, their new state of residence must recognize their marriage. This means that a surviving spouse may get Social Security survivors or spousal benefits in any state, provided their common-law marriage was created in a state that permitted it.
To qualify for survivor benefits, the surviving spouse must provide documentation to prove their marriage. This may include their own statement affirming the marriage, along with statements from blood relatives of the deceased spouse. In some cases, other evidence may be substituted or used to support the claim, such as a determination by a court or another agency that there was a valid common-law marriage.
The amount of the survivor benefit is generally based on what the late spouse was receiving from Social Security at the time of death, or what they were entitled to receive based on age and earnings history. If the surviving spouse has reached full retirement age, they get 100% of the benefit their spouse was (or would have been) collecting. If the surviving spouse is between the ages of 60 and their full retirement age, they will receive between 71.5% and 99% of the deceased's benefit. The percentage increases with the age of the claimant.
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Common-law spouses can receive survivor benefits
In the United States, common-law spouses can receive survivor benefits, but only if the marriage was established in a state that permits common-law marriages. If you move to another state after establishing a common-law marriage in a state that allows them, your current state of residence must recognize your marriage. This means that you may claim Social Security survivors or spouses' benefits in any state, provided your common-law marriage was created in a state that permitted it.
To qualify for survivor benefits, you must be the spouse, ex-spouse, child, or dependent parent of someone who worked and paid Social Security taxes before they died. If you were already receiving spousal benefits on your spouse's work record, Social Security will, in most cases, switch you automatically to survivor benefits when their death is reported. Otherwise, you will need to apply by calling the Social Security Administration (SSA) to schedule an appointment to file your claim.
The amount of your survivor benefit is generally based on what your late spouse was receiving from Social Security at the time of their death. If you have reached full retirement age, you get 100% of the benefit your spouse was (or would have been) collecting. If you claim survivor benefits between the age of 60 and your full retirement age, you will receive between 71.5% and 99% of the deceased's benefit. The percentage gets higher the older you are when you claim. If you claim in your 50s due to a disability, the survivor benefit is 71.5% of your late spouse's benefit. If you apply based on caring for a child who is under 16 or has a disability, you can collect 75% of the late spouse's benefit, regardless of your age.
To obtain spousal and survivor benefits from Social Security, you may need to provide documentation to prove your marriage. This may include your own statement affirming the marriage, along with statements from two blood relatives of your deceased spouse. In some circumstances, you might be able to substitute other evidence for these statements, such as a determination by a court or another agency that you had a valid common-law marriage.
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Documentation is required to prove common-law marriage
A common-law marriage, also known as a marriage without formalities or an informal marriage, is a valid and legal way for a couple to marry in certain states. If you want to claim Social Security benefits as a common-law spouse, you will typically need to prove that your relationship is a valid common-law marriage.
Each state that recognizes common-law marriage has its own rules about what you need to do to have one. Generally, you will need documents that show a long-term domestic partnership. For example, common-law marriage in Texas requires proof that you and your partner agreed to be married and live together in Texas as a married couple (cohabitation).
- Affidavits: A written statement in which you swear under oath that your statement is true. You can use two different types of affidavits to prove a common-law marriage: friend and family affidavits, and spousal affidavits.
- Property deeds: Documents that show you or your children assumed your partner's last name.
- Lease agreements, tax returns, and insurance policies.
- Driver's license or Social Security number card that shows a name change that matches your spouse's name.
- Date and location where you and your common-law spouse mutually agreed to become spouses.
- Previous marriages (if so, list the date of divorce, annulment, or date from the former spouse's death certificate).
- Any other details that will help show a spousal relationship.
If there is a dispute over whether a common-law marriage existed, it may be necessary to go to court to prove the marriage. An experienced family law attorney can help you with your state's requirements.
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Common-law marriage and divorce must be valid under state law
In the United States, common-law marriages are only recognised in a handful of states. These include Texas, Utah, and Colorado. Each state has its own laws governing the declaration and registration of common-law marriages, and the process for ending them.
In Texas, for example, there is no such thing as a "common-law divorce". If a couple with a common-law marriage decides to split up, they must follow the same process as formally married couples to obtain a divorce. However, if court proceedings are not filed within two years of the separation, Texas law presumes the common-law marriage never existed unless proven otherwise.
Utah has a different set of requirements. To end a common-law marriage in Utah, a petition for an "unsolemnized marriage" must be filed while the couple is still together or within one year of their separation.
It is important to note that cohabitation alone is generally not enough to establish a common-law marriage. Most states require additional criteria to be met, such as the intention to live as a married couple and publicly portraying themselves as such.
When it comes to survivor benefits from Social Security, a surviving spouse in a common-law marriage may be eligible under certain conditions. The Social Security Administration (SSA) requires proof of the common-law marriage, which may include statements from both spouses or the surviving spouse, and sometimes a statement from a blood relative affirming the marriage. The specific documentation needed may vary depending on the state and individual circumstances.
To summarise, while common-law marriages and divorces are recognised in some US states, the specific laws and requirements vary from state to state. It is essential to understand the laws of the relevant state when dealing with common-law marriages, especially when it comes to matters such as survivor benefits from Social Security.
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Benefits are based on the late spouse's Social Security payments
The amount of money received in survivor benefits is generally based on what the late spouse was receiving from Social Security at the time of their death. This is also dependent on their age and earnings history if they had not yet claimed their benefits. If you have reached full retirement age, you are entitled to 100% of the benefit your spouse was or would have been collecting. If you claim survivor benefits between the age of 60 and your full retirement age, you will receive between 71.5% and 99% of the deceased's benefit. The percentage gets higher the older you are when you claim. If you claim in your 50s due to a disability, the survivor benefit is 71.5% of your late spouse's benefit. If you apply based on caring for a child who is under 16 or has a disability, you can collect 75% of the late spouse's benefit, regardless of your age.
If you were already receiving spousal benefits on your spouse's work record, Social Security will, in most cases, switch you automatically to survivor benefits when their death is reported. Otherwise, you will need to apply. In most cases, a widow or widower qualifies for survivor benefits if they are at least 60 and were married to the deceased for at least nine months at the time of death. However, if the late spouse's death was accidental or occurred in the line of U.S. military duty, there is no length-of-marriage requirement.
You need not have been married to a beneficiary at the time of their death to get survivor benefits. You may qualify as the divorced former spouse of a Social Security recipient. It does not matter whether you worked long enough to qualify for Social Security on your own. You can still collect benefits on your late spouse's work record. However, if you are eligible for a retirement benefit, you won't get both that and a survivor benefit. Social Security will pay the higher of the two benefit amounts. If you are below full retirement age and still working, Social Security's earnings limit could affect your survivor benefit.
In some states, couples who meet certain criteria are considered to have a legal common-law marriage even if they never held a religious or civil marriage ceremony. Individuals who are or were in valid common-law marriages may be eligible for Social Security benefits (spousal, survivor, and death benefits) based on their spouses. You may be eligible for dependents' or survivors' benefits as a divorced common-law spouse. Your common-law marriage and divorce must have been valid under your state's law, and you must otherwise qualify for the benefits. SSA will only acknowledge common-law marriages that were established in states that permit them. You may not establish a common-law marriage when you live in a state that doesn't recognize these marriages. However, if you move to another state after you've already established a common-law marriage in a state that allows them, the state where you're living now must recognize your marriage. This means that you may get Social Security survivors or spouses' benefits in any state, as long as your common-law marriage was created in a state that permitted it.
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Frequently asked questions
Yes, if common-law marriages are recognized in their state. They will need to provide a statement affirming the marriage and statements from two blood relatives of the deceased spouse.
You will need to provide a statement affirming the marriage, along with statements from blood relatives of your deceased spouse. In some cases, you may be able to substitute other evidence for these statements.
If you move to another state that recognizes common-law marriage, your new state of residence must recognize your marriage. This means that you may get Social Security survivors or spouses' benefits in any state, as long as your common-law marriage was created in a state that permitted it.
There is no such thing as a "common-law divorce." Once a common-law marriage is established, you must go through a normal divorce in your state's courts to legally end the marriage.
The amount of your survivor benefit is generally based on what your late spouse was receiving from Social Security at the time of their death. If you are at full retirement age, you will get 100% of the benefit. If you are between 60 and your full retirement age, you will receive between 71.5% and 99%.
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