Can You Collect Social Security from a Common Law Spouse?
In the United States, Social Security is a crucial source of income for millions of Americans, especially those who are retired or disabled. One question that often arises is whether a common law spouse can collect Social Security benefits from their partner. This article delves into this topic, providing insights into the eligibility criteria and the process of collecting Social Security benefits from a common law spouse.
Understanding Common Law Marriage
To begin with, it is essential to understand what constitutes a common law marriage. In the United States, a common law marriage is a legally recognized marriage without a formal ceremony or a marriage license. Each state has its own laws regarding common law marriage, and not all states recognize it. In general, for a common law marriage to be valid, the following conditions must be met:
1. Both partners must be of legal age to marry.
2. The partners must have agreed to be married.
3. They must have lived together as a married couple.
4. They must have held themselves out to the public as a married couple.
Eligibility for Social Security Benefits
If you are in a common law marriage and meet the state’s requirements, you may be eligible to collect Social Security benefits from your spouse. Here are the primary scenarios where you can collect Social Security benefits from a common law spouse:
1. Survivor Benefits: If your common law spouse passes away, you may be eligible for survivor benefits. These benefits are available to surviving spouses, including common law spouses, who were married to the deceased for at least nine months before their death.
2. Spousal Benefits: If you are eligible for retirement benefits but have not yet claimed them, you may be able to receive a portion of your common law spouse’s benefits. This option is available if you were married for at least 10 years.
3. Divorced Spousal Benefits: If you are divorced from your common law spouse, you may still be eligible for divorced spousal benefits if you meet certain criteria, such as being at least 62 years old and having been married for at least 10 years.
The Application Process
To collect Social Security benefits from a common law spouse, you must follow a specific application process. Here are the general steps:
1. Verify Common Law Marriage: First, you need to provide proof that you were in a common law marriage, which may include documents such as birth certificates, marriage certificates, or affidavits from witnesses.
2. Apply for Benefits: You can apply for Social Security benefits online, by phone, or in person at your local Social Security office. During the application process, you will need to provide personal information, your spouse’s Social Security number, and any necessary proof of your common law marriage.
3. Wait for Approval: Once you have submitted your application, the Social Security Administration will review your case and determine your eligibility. If approved, you will begin receiving benefits.
Conclusion
In conclusion, if you are in a common law marriage and meet the necessary criteria, you may be eligible to collect Social Security benefits from your spouse. Understanding the requirements and the application process is crucial to successfully obtaining these benefits. For more information and assistance, it is advisable to contact the Social Security Administration or consult with a legal professional.
