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  1. #1
    Join Date
    Jul 2009
    Posts
    28

    Default Social Security Benefits After Common Law Marriage

    My question involves a relationship in the state of: SC

    We have been living together for 5 years. We do not want to marry but we will probably stay together till death.

    If I die before her will she be able to collect my Social Security? I have made her the beneficiary on my retirement and life insurance.

  2. #2
    Join Date
    Sep 2010
    Location
    Oklahoma
    Posts
    695

    Default Re: Common Law Wife in Sc and Social Security

    Technically...maybe. SC does recognize common-law marriages under 20-1-30. To meet the requirements you need to
    1 - live to together
    2 - present yourself as husband and wife by introduction, shared name, tax filings
    3 - be together for a significant time
    4 - intend to be married

    You have already admitted that you never intend to marry, which would void any common-law marriage claim. However, if you decide to "change" your mind and intend to marry at some future point, then you qualify for a common-law marriage. Your common-law wife can qualify for SS. You'll need to go to the SS office to file some paperwork basically proving the four concepts. Having her as your life insurance benificiary should be enough to satisfy the future marriage caviat.

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