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Maybe. IF you can show that the marriage met the STATE requirements for a common law marriage, yes. Section 216(h)(1) of the Social Security Act provides that an applicant is the wife of an insured individual for purposes of such Act if the courts of the State in which such insured individual is domiciled at the time the application for wife's insurance benefits is filed would find that the applicant and such insured individual were validly married.


However, if you have not met the tests set by that state, or if that state does not recognize a common law marriage, no. You need to consult an attorney in YOUR state.

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8y ago
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8y ago

can the spouse of a common law marriage receive the other spouse social security after death

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Q: Can the spouse of a common law marriage receive the other spouse social security?
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If while receiving social security retirement benefits, I get married, can my wife receive thru me, and if so how much if my monthly check is, $1738.


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