eligible for social security benefits or not.

[frank]

my sil lived with her partner for 5 years and he died suddenly of cancer. she was listed as pod on all of his accounts, beneficiary on his life insurance, named executor in his will. in this situation I was wondering if she would be eligible for survivor or spousal benefits from social security? has anyone else had this situation or know of someone that has? How it worked out? I am trying to figure out if she is eligible and where to start the process. He was just applying for social security at the time of his passing and she is already on social security, but his would be much higher payout. any guidance would be appreciated.

frank

 

[Flieger]

Short answer. No.

Flieger

 

[Gumby]

It depends on your state's law regarding common law marriages. I think you need to contact the social security administration. This may help

§ 404.726. Evidence of common-law marriage.​

(a) General. A common-law marriage is one considered valid under certain State laws even though there was no formal ceremony. It is a marriage between two persons free to marry, who consider themselves married, live together as man and wife, and, in some States, meet certain other requirements. We will ask for the evidence described in this section.

(b) Preferred evidence. Preferred evidence of a common-law marriage is—

(1) If both the husband and wife are alive, their signed statements and those of two blood relatives;

(2) If either the husband or wife is dead, the signed statements of the one who is alive and those of two blood relatives of the deceased person; or

(3) If both the husband and wife are dead, the signed statements of one blood relative of each;

Note: All signed statements should show why the signer believes there was a marriage between the two persons. If a written statement cannot be gotten from a blood relative, one from another person can be used instead.

(c) Other evidence of common-law marriage. If you cannot get preferred evidence of a common-law marriage, we will ask you to explain why and to give us other convincing evidence of the marriage. We may not ask you for statements from a blood relative or other person if we believe other evidence presented to us proves the common-law marriage.

https://www.ssa.gov/OP_Home/cfr20/404/404-0726.htm

This is what I found for Iowa

701—104.25(425) Common law marriage. A common law marriage is a social relationship between a
man and a woman that meets all the necessary requisites of a marriage except that it was not solemnized,
performed or witnessed by an official authorized by law to perform marriages. The necessary elements of a
common law marriage are: (a) a present intent of both parties freely given to become married, (b) a public
declaration by the parties or a holding out to the public that they are husband and wife, (c) continuous
cohabitation together as husband and wife (this means consummation of the marriage), and (d) both parties
must be capable of entering into the marriage relationship. No special time limit is necessary to establish a
common law marriage.
This rule is intended to implement Iowa Code section 425.17

https://www.legis.iowa.gov/docs/iac/rule/701.104.25.pdf

 

[Flieger]

It depends on your state's law regarding common law marriages. I think you need to contact the social security administration. This may help

https://www.ssa.gov/OP_Home/cfr20/404/404-0726.htm

I stand corrected. I've never seen this.

Flieger

 

[ivinsfan]

Has anyone done this in real life, SS is not run by state government.

 

[Gumby]

Has anyone done this in real life, SS is not run by state government.

No, social security is not run by the state, but the state determines whether you are married. The way the legal system works in this country is that things like health and public safety and domestic relations are traditionally within the exclusive jurisdiction of each state and not the federal government. That's why there is common law marriage in some states but not others. So if you are considered married in your state, then it is most likely that the social security administration will accept that. If your state doesn't consider you to be married, then the SSA probably won't. You would need to call SSA to get more detail than that.