Social Security Question

**cawacko** · 09-23-2013, 06:30 PM

Anyone know what the law says for a surviving spouse in a common-law marriage as far as receiving their deceased spouse's S.S. benefits?

Thanks.

**Minister of Truth** · 09-23-2013, 06:43 PM

532-19-8513

**BRUTALITOPS** · 09-23-2013, 06:43 PM

cawacko, I don't know what shit you have planned or what's going down, but fucking delete this before the cops see it! I've got your back, I won't say a word.

**Cancel 2016.11** · 09-23-2013, 06:53 PM

Originally Posted by cawacko

Anyone know what the law says for a surviving spouse in a common-law marriage as far as receiving their deceased spouse's S.S. benefits?

Thanks.

I think it says shit out of luck, but I'm not a lawyer. I remember back in my 20's, one of the times I was considering getting married but really hemming and hawing a lawyer friend of mine told me, you can live with a man for 15 years and be nobody, but marry him for one day and no one, not even his child, can usurp you in the eyes of the law. It was wise advice I've no doubt. I didn't take it of course. I've always enjoyed the hard road.

**Cancel 2016.11** · 09-23-2013, 06:54 PM

Originally Posted by Capgras

cawacko, I don't know what shit you have planned or what's going down, but fucking delete this before the cops see it! I've got your back, I won't say a word.

LOL stoned huh Grind?

**cawacko** · 09-23-2013, 06:57 PM

Originally Posted by Darla

I think it says shit out of luck, but I'm not a lawyer. I remember back in my 20's, one of the times I was considering getting married but really hemming and hawing a lawyer friend of mine told me, you can live with a man for 15 years and be nobody, but marry him for one day and no one, not even his child, can usurp you in the eyes of the law. It was wise advice I've no doubt. I didn't take it of course. I've always enjoyed the hard road.

Very interesting, thanks. So if this guy is receiving S.S. benefits from his deceased common law wife (she never married him) could he have lied in filling out his paper work?

**Cancel 2016.11** · 09-23-2013, 06:59 PM

Originally Posted by cawacko

Very interesting, thanks. So if this guy is receiving S.S. benefits from his deceased common law wife (she never married him) could he have lied in filling out his paper work?

I can find out for you for certain on Thursday when I have my weekly networking meeting with mostly attorneys. I am just guessing here Cawacko, don't put any stock into it. If no one else finds out by Thursday I definitely will ask.

**cawacko** · 09-23-2013, 07:03 PM

Originally Posted by Darla

I can find out for you for certain on Thursday when I have my weekly networking meeting with mostly attorneys. I am just guessing here Cawacko, don't put any stock into it. If no one else finds out by Thursday I definitely will ask.

Would really appreciate that. Thank you.

**FUCK THE POLICE** · 09-23-2013, 07:33 PM

Originally Posted by Darla

I think it says shit out of luck, but I'm not a lawyer. I remember back in my 20's, one of the times I was considering getting married but really hemming and hawing a lawyer friend of mine told me, you can live with a man for 15 years and be nobody, but marry him for one day and no one, not even his child, can usurp you in the eyes of the law. It was wise advice I've no doubt. I didn't take it of course. I've always enjoyed the hard road.

You live in New York, though, which doesn't recognize common law marriages (unless they're contracted in a state that does). Only nine states allow them to be contracted, Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Utah and Texas. His advice would be perfectly valid in New York, but he can't speak for every state.

**tekkychick** · 09-23-2013, 07:33 PM

Originally Posted by cawacko

Very interesting, thanks. So if this guy is receiving S.S. benefits from his deceased common law wife (she never married him) could he have lied in filling out his paper work?

I vaguely remember that in California, at least during the 80s, if you were "common law" but you acted like husband/wife, the law considered you married, even if you never officially got a license.

My b/f at the time & I were very concerned that we not "drift" into being married.

But no idea what it means for soc sec

**FUCK THE POLICE** · 09-23-2013, 07:35 PM

Originally Posted by tekkychick

I vaguely remember that in California, at least during the 80s, if you were "common law" but you acted like husband/wife, the law considered you married, even if you never officially got a license.

My b/f at the time & I were very concerned that we not "drift" into being married.

But no idea what it means for soc sec

California abolished common law marriages in 1895.

**cawacko** · 09-23-2013, 07:38 PM

Originally Posted by Hitomi's Tanakas

You live in New York, though, which doesn't recognize common law marriages (unless they're contracted in a state that does). Only nine states allow them to be contracted, Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Utah and Texas. His advice would be perfectly valid in New York, but he can't speak for every state.

This is happening in Texas.

**FUCK THE POLICE** · 09-23-2013, 07:41 PM

Common law marriages are good for federal income tax purposes, as are all marriages legally allowed in a state (besides polygamous marriages, which is irrelevant since they are legal in no state, and it also used to be prohibited for gay marriages, but no longer). So, I don't see why there would be exceptions for Social Security. The only question, it seems, is whether the common law marriage was contracted in a state that allows it, or he just lived with a girl a really long time and assumed common law marriage applied. That is, unless there is some bizarre exception for SS benefits when there's not for income taxes. I can't find anything specific.