You could wonder if Social Security will consider your relationship when awarding benefits if you have stayed with a partner without a formal marriage. It, however, depends on the state you are staying in because only a few states recognize common-law marriage, like California. You will qualify for Social Security spousal or survivor benefits if your relationship complies with certain conditions, like presenting yourselves as a married couple. However, proving it can be challenging. It is important to understand how Social Security treats common-law marriages. You should gather the necessary documents and consult an attorney if you believe you are eligible.
Understanding Common Law And Social Security Benefits
Common-law marriage gives individuals a different, but legal, way to be considered married. Individuals in a common-law marriage can secure Social Security benefits if eligible. However, they must comply with strict laws and provide enough evidence that the marriage is real. Social Security benefits are paid to the spouse, former spouse, child, survivor, or parent of a Social Security benefits contributor. For example, a retired employee’s spouse is entitled to 50% of the retired employee’s basic benefit. A widow of a retired employee is entitled to 100% of the retired employee’s basic benefits. You should understand the state laws on common-law marriage to know if your relationship is recognized. This will help you secure federal Social Security Administration (SSA) benefits.
According to the United States Constitution, a common-law marriage is real, even if you have no license or marriage ceremony. This only applies in states that permit this type of union. A couple stays together as husband and wife in a common-law marriage. They behave like married partners in public and must also observe certain legal rules. However, a common-law marriage is different from a traditional marriage. It does not require big plans or a marriage ceremony. Most individuals prefer this type of marriage because it is easy and fits their wants. Still, the state's laws must be followed for a common-law marriage to be real.
You must do a few things as a couple, including both agreeing that you are married. Cohabitation, or staying together, is a must. You should also inform others that you are husband and wife.
Social Security Administration’s View Of common-law marriages
Social Security often uses state statutes to confirm whether common-law unions are eligible for benefits. The Social Security Administration (SSA) will accept if your common-law marriage began in a state that permits it. This allows both partners in a common-law marriage access to survivor, spousal, and other benefits based on their partner’s earnings.
The Social Security Administration will ask you to provide evidence of your common-law marriage before securing these benefits. You can be asked to provide statements as partners, from family, or to bring in court rulings. The SSA often does this to determine if your marriage meets the state's legal requirements where you were first declared as a couple.
Considering what will happen if you relocate to another state is vital. The SSA will still acknowledge your marriage if you and your spouse relocate to a state that does not acknowledge common-law marriage. They will consider your marriage, provided it was legal when you started. Even if you relocate to another state, you will keep the same opportunity for benefits.
Qualifying For Social Security Benefits In Common-law Marriages
Certain federal and state laws will be considered for you to qualify for social security benefits in a common-law marriage. You must provide sufficient evidence that you and your partner are a married couple. The Social Security Administration will determine if your marriage meets the requirements in the state where you started. They will also consider what people in your community say about your marriage. The mutual intent between you and your partner will also be considered.
The Documents And Evidence Required
Proving a common-law marriage to the SSA is a complex process that requires specific documents. You and your partner must provide statements affirming your marital relationship. Your statements must also be supported by the testimonies from your close relatives substantiating their allegations. You are required to provide your own statement if your partner died. Your statement must be accompanied by statements from the two blood relatives of the deceased.
Social Security will also require evidence of shared assets. You must provide documents showing joint ownership of finances or assets. They can also demand court rulings or substitute evidence. These are agency determinations or rulings affirming the validity of your marriage. If the above evidence is provided, the SSA will formally validate a common-law marriage for benefits eligibility.
The Effect Of State Laws On Benefit Eligibility
The state laws can significantly impact your eligibility for social security benefits as a common law spouse. California allows people to have a common-law marriage if they comply with certain rules. You must prove that your marriage began in line with the state's laws before accessing social security benefits. The SSA also requires you to comply with rules that govern community assets.
Your marriage cannot be canceled if you relocate to a state that does not acknowledge common-law marriage. The SSA will still acknowledge your marriage if it was legal where it started.
However, some states have different views on community assets and the intent to marry in a common-law marriage. These laws can change if you often access social security benefits. You should consult an attorney to learn what you must do to comply with the rules for common-law marriage or regular marriage in your state.
Same-Sex Spouses And Social Security Benefits
Same-sex partners are also eligible as partners for spousal benefits if they are lawfully married. The Social Security Administration offers equal opportunity for social benefits for any marriage recognized under the law. A same-sex partner will still qualify as a spouse for the benefits if they had a civil marriage. They will also qualify if they had another partnership if their state does not acknowledge same-sex marriage.
Social Security Benefits After A Divorce
You will still qualify for Social Security through your divorced partner in case you divorce. Sometimes, partners divide a retirement account in half after divorce. In others, you can continue accessing your monthly sum. A skilled divorce attorney can guide you on how the courts allocate the benefits after divorce.
You must have been married for at least ten years to access Social Security through your former partner. The SSA also requires you to be at least 66 years old and have been divorced for at least two years before you remarry. Your former partner must also still be eligible for SSA or disability benefits, which exceed your work record.
Whether Your Former Partner Can Qualify For The Benefits If He/She Remarries
Remarrying automatically disqualifies you from accessing social security benefits through your former partner. However, your former partner can still access the benefits through other ways. Your former spouse can access the benefits under you if the remarriage happens at 60 years or older. This also applies if you become disabled and remarry at the age of 50 years or older. However, you will access the social security benefits if eligible under your own record.
Whether You Qualify For Your Spouse’s Social Security Benefits After His/Her Death
Widows and widowers are entitled to 100% of their deceased partners’ social security benefits upon their full retirement age. You also qualify for widow benefits at any age if you are providing for the deceased's disabled child or a minor below 16 years of age. Children are also entitled to a percentage of the employee’s benefit. However, there is a limit to the benefits given to the surviving family members.
You can only access full retirement age benefits depending on your birth year. People can find their full retirement age on the Social Security Administration website. Your full retirement age is 67 years if you were born in 1962. The SSA will reduce the survivor benefits if he/she takes the benefits before attaining the full retirement age. For example, you will get 71.5% of the monthly benefit payments if you start taking benefits at the age of 60 years. You can also receive a one-time lump sum death payment that does not exceed $255 if you were staying together at the time of the death of your partner.
Whether You Qualify For The Benefits If You Were Divorced Before Your Partner Died
You can still access your former partner’s benefits after their death, provided you meet the requirements for receiving benefits as the surviving spouse following a divorce. You must be 50 years old if you are disabled or at least 60. Other requirements include:
- If you had not remarried before reaching 60 years
- You were married for at least ten years
Your survivor benefits under Social Security will not be affected if you get married after turning 60 years old. Additionally, you will collect the largest social security survivor benefit if your new partner dies.
The Effect Of Pension On Social Security Benefits
Most public and private sector employers choose to contribute to employee pension plans instead of Social Security. You can access full social security benefits if your employer contributed to social security during your employment. This will include any pension payments when you attain your full retirement age.
However, your social security benefits will be reduced if you receive a government pension or a pension your employer created that did not withhold the benefits from your paycheck. The reductions will also have a negative impact on your spousal and survivor benefits. You should consult an experienced attorney because certain federal laws apply to these cases.
Women and Social Security Benefits
Survivors' and spousal benefits play a major role in ensuring women’s retirement security. Women are often vulnerable to poverty in old age because of many factors, including demographic and economic factors. The design of social security benefits also leads to equity concerns. Regarding demographic and economic factors, women live longer than men, leading to many widows. Women can take more time in retirement and are more vulnerable to inflation and the danger of outliving other assets. The value of private pension benefits reduces with age because private pensions are not adjusted for inflation. Certain private pensions also stop when a retired employee dies.
Women also take job breaks to take care of their children or parents. This often lowers the labor force participation rate in them more than in men. Job breaks lead to fewer years of contributions to social security and employer-sponsored pension plans. This reduces retirement benefits for the women.
Equity Issues In Social Security Benefits
Social Security provides vital financial support to non-working spouses and widows. Unfortunately, the current law on spousal benefit structure causes a significant imbalance in benefit patterns. An unemployed woman married to a man with high Social Security benefits can get a spousal benefit higher than the retirement benefit of a single woman. The current law causes unequal benefits to one-earner and two-earner couples with similar total lifetime earnings.
Whether You Should Pay Income Tax On Spousal Benefits
In California, older people receiving survivor spousal benefits are not taxed on their Social Security benefits. However, they can pay state tax for other forms of income.
Find a Social Security Benefit Attorney Near Me
You can be considered to have a legal common-law marriage in California even if you did not hold a civil or religious marriage ceremony. Even in a common-law marriage, you are still entitled to similar social security benefits as those in formal marriages. However, it can be challenging to prove that a common-law marriage exists. You must understand the common-law marriage laws to know if your marriage is recognized as common law to access SSA benefits.
You must prove you are in a valid common-law marriage to access benefits. You and your spouse must live in a manner that indicates you are married. You must also have the legal capacity to be married, meaning that you must be of legal age and should not be married to another person. For guidance on whether you qualify for SSA survivor and dependent benefits while in a common-law marriage, contact Leland Law. Call us at 866-449-6476 to speak to one of our attorneys.
