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Who is entitled to social security benefits when a common law partner dies?


I was with my partner for 25 years, every property we bought w as written up on documents as husband and wife. We lived as husband and wife for all thoses years and friends, relatives and the communtiy knew us as such, however domestic violence took it's toll and I left. He has had a live in girl friend for the past 5 years would she be entiltled to his beneifits if he were to pass away?

Under current law neither of you will draw it - you must be legally married to him to benefit from his social security benefits. In fact if he had ever been married before and his first wife never got remarried, she would be entitled to them.

Neither you *nor* his new girlfriend.

SS survivors benefits are payable ONLY to a legal spouse, not a live-in girlfriend, regardless of how long you lived together.

IF your State recognizes common law marriage (Very few do) then you would have been entitled were you still legally married under your States definition of common-law spouse at the time of his death.

Richard

i don't think there are too many states that even recognize common-law marriages now. the girl friend isn't entitled to his social security benefits. only any children he may have had would be entitled.

The state doesn't recognize non-legal status relationships (i.e. marriage or stuff like that)

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