Key Points

  • Unmarried partners may be eligible for Social Security spousal and survivor benefits in states that recognize common-law marriage merely qualifying for those benefits can be complicated.

  • Non only do y'all need to meet individual state requirements, you must provide the SSA with proof of your human relationship.

  • Married or not, there are other ways to ensure yous and your partner are protected in case something happens to either of y'all.

Dear Carrie,

My partner and I aren't legally married merely have been living together for more than 15 years. Are we eligible for Social Security spousal benefits or survivor benefits if something should happen to either one of u.s.a.?

Dear Reader,

This question is increasingly relevant, and then thanks for request. According to a 2019 Pew Enquiry Survey, a larger share of adults ages xviii-44 have cohabited (59 percent) than have ever married (l percent). You might think as more and more than people choose to live together rather than marry, the laws that focus on traditional spousal benefits would also alter. Non so.

The simple answer to your question is that unless you alive in a country that recognizes common-police marriage, neither you nor your partner are eligible for Social Security spousal or survivor benefits. However, if you lot live in a state that does, or a state that recognized mutual-law wedlock in the past, y'all could be eligible for benefits—though information technology may not be quite so simple. That'south because while the Social Security Assistants (SSA) follows the laws of individual states regarding common-police marriage, those state laws can vary considerably. And that'south where it can get complicated.

Let's commencement with the general definition of common-law marriage.

Common-constabulary marriage is near intent—not time

There's a misconception that mutual-constabulary marriage is established by the length of time partners live together. That'south not entirely true. While cohabitation is a requirement in most states, in that location's no exact fourth dimension period. More important than time is how the partners nowadays themselves.

Beginning of all, both have to be legally able to enter into a marriage, significant both must be former plenty (usually 18) and not married to someone else. Other factors across living together can include having joint accounts, owning belongings together, referring to each other as spouses, wearing wedding rings and generally existence seen in the customs as a married couple.

Since you lot and your partner have been together for xv+ years, chances are yous fit the general description. Then now it depends on where you live.

Individual states have their own requirements

States that currently recognize common-law marriage are Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Isle, South Carolina, Texas and Utah, every bit well as Washington D.C. Several other states recognize by common-law marriages up to a specific date, but that date is different in each land. There are too several states that don't recognize common-constabulary marriages themselves just will recognize such marriages from other states.

If that'due south not complicated plenty, the requirements for establishing a mutual-law marriage too vary by country. So the first thing to do is check your own state'south electric current regulations. Another thing to be enlightened of is that the recognition of mutual-law marriage doesn't automatically extend to same-sex couples in most states.

You lot nevertheless have to provide "proof" to the SSA to get benefits

Even if you and your partner live in a state that allows for common-law matrimony and run across all the state requirements, the SSA won't just take your word for it and grant you benefits. When you apply, you each take to provide an official argument affirming your matrimony, and a statement from a claret relative of each spouse. If one partner has passed away, the SSA wants a argument from the surviving spouse plus statements from two blood relatives of the deceased and a blood relative of the surviving spouse. You may too have to provide evidence such as depository financial institution statements, insurance policies or mortgage/rent receipts.

Information technology's important to understand how marriage can affect your benefits

While money should never be the sole reason to marry, there are certain financial advantages, and they can exist pregnant when it comes to Social Security. For example, if there's a big disparity in your incomes, a lower-earning spouse tin go up to 50 percent of a higher-earning spouse's benefit if it would be greater than their ain. Plus, if the higher earner predeceases the lower earner, the surviving spouse would get 100 pct of the higher earner'due south benefit. This may not change your mental attitude toward wedlock, simply I think information technology's important to get the facts and then y'all'll know what you may exist gaining—or giving up—based on your marital status.

Across benefits: Ways to protect yourself and each other

Married or not, in that location are other ways to make certain you and your partner are protected in case something happens to either of you.

  • Save for retirement—Retirement accounts are ever individual, even if you lot save together. If you have a 401(k) or similar plan, contribute enough to at least get any employer friction match. No 401(chiliad)? There are other ways to save, including an IRA and an HSA.
  • Update your beneficiaries—Designate primary and secondary beneficiaries on your retirement accounts and insurance policies. Don't brand assumptions most who your beneficiaries are.
  • Championship property accurately—If you own property together, be sure each of you lot is listed on the title. An unnamed partner would be vulnerable to losing the property in the case of splitting up or death.
  • Look into employee benefits—Check with an employer's HR department to see what benefitsapply to partners. This can include health and life insurance, dependent benefits and more than.
  • Have the right insurance—Whether or non you take domestic partner insurancebenefits through an employer, make sure you each accept adequate health care coverage. The aforementioned goes for life and disability insurance. Continue in listen that what you have through work may not be enough.
  • Do some basic estate planning—Creating a bones manor planwill aid protect you both. Each of you should at least have a Will designating the other as an heir, if that'southward your desire, and naming a guardian for any dependents. Also, have an advance health care directive on file with your doctor and hospital. If you lot choose, you can give each other power of attorney for both fiscal and wellness intendance decisions should either of you become incapacitated.

While Social Security spousal and survivor benefits can exist a financial plus, if you're not eligible, you and your partner tin however take steps to provide your own fiscal security. Talk to each other and agree on what you need to do—for yourselves and for each other. As your situation changes, talk to a financial advisor and chaser to make sure you have the correct program in place.

Have a personal finance question? E-mail us at askcarrie@schwab.com . Carrie cannot respond to questions directly, just your topic may be considered for a future article. For Schwab account questions and full general inquiries, contact  Schwab.

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