Can a Common-Law Wife Claim Widow's Benefits?

The Social Security Administration adheres to state laws regarding common-law marriage. A common-law widow may receive widow's benefits as long as the marriage occurred in a state that recognizes common-law unions. States that no longer recognize common-law marriage may acknowledge valid common-law unions from other states. Researching state legislation will help determine your eligibility. As of August 2011, 15 states and the District of Columbia recognize common-law marriage, provided the couple meet state requirements.

States With Restrictions

Five states recognize common-law marriages with time restrictions. Georgia recognizes marriages before January 1, 1997, while Idaho acknowledges unions that occurred before January 1, 1996. Common-law marriages in Ohio must have occurred before October 10, 1991 to have validity. Oklahoma recognizes common-law marriages that occurred before November 1, 1998, although conflict on the dates currently exists. All Pennsylvania common-law unions must have occurred before January 1, 2005.

New Hampshire recognizes common-law marriage for probate purposes. Utah requires court or administrative validation. Texas couples can prove common-law-marriage status by filing a declaration of marriage with the county clerk or meeting three requirements: Both parties must agree to be married, live together in Texas and present themselves as a married couple.

States Without Restrictions

States that recognize common-law unions with no time restrictions generally have two requirements: The couple must live together and present themselves as husband and wife through verbal confirmation or other actions such as filing joint tax returns or the changing of the last name; simply living together does not constitute a common-law union. Once the couple establish a valid common-law union, a court order is the only method of dissolution. States that fully recognize common-law unions include Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa and Montana, as well as the District of Columbia.

Widow's Benefits Eligibility

Upon establishing that a valid common-law marriage exists, the widow must meet Social Security eligibility requirements. Eligible widows receive full benefits between the ages of 65 and 67, depending on the widow's year of birth. The administration pays partial benefits at the age of 60. Disabled widows can receive benefits at the age of 50. Widows who care for the deceased's disabled child under the age of 16 may receive benefits at any age. In some cases, children of the deceased and the widow may receive benefits up to 19 years of age, if in high school and unmarried. Children disabled before the age of 22, who are still disabled, may also receive benefits.

Applying for Benefits

Contact the Social Security Administration or visit the local office to apply for widow's benefits. A list of required documentation includes a death certificate or death verification from the funeral home. The administration needs the Social Security numbers of all eligible members, including the deceased. Additional documentation includes birth certificates, the deceased's W-2 forms and bank account information for direct deposit. Acceptable verification of a common-law union includes joint tax returns, signed affidavits or a declaration of marriage.

References

• Social Security Administration: Recognizing Common Law Marriage; December 2010
• National Conference of State Legislatures: Common-Law Marriage
• Texas Family Law Blog: The Informal or Common Law Marriage
• Social Security Administration: Widows, Widowers & Other Survivors
• Social Security Administration: Information You'll Need When You Apply for Widow's, Widower's or Surviving Divorced Spouse Benefits