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  1. #1
    Join Date
    Nov 2015
    Posts
    24

    Default Social Security Benefits, from Palimony

    My question involves marriage law for the State of: calif
    My question is if I have been co-habitating with a woman for the last 20 years, and she passes away and we never marry, can I claim her social security benefits after her death?

  2. #2
    Join Date
    Oct 2006
    Posts
    15,938

    Default Re: Social Security Benefits, from Palimony

    Quote Quoting jeffdickey
    View Post
    My question involves marriage law for the State of: calif
    My question is if I have been co-habitating with a woman for the last 20 years, and she passes away and we never marry, can I claim her social security benefits after her death?
    No, you have to be married.

  3. #3
    Join Date
    Jul 2018
    Posts
    1,988

    Default Re: Social Security Benefits, from Palimony

    Quote Quoting jeffdickey
    View Post
    My question involves marriage law for the State of: calif
    My question is if I have been co-habitating with a woman for the last 20 years, and she passes away and we never marry, can I claim her social security benefits after her death?
    Dead people don't get social security benefits. If you're asking whether a person can use a deceased boy/girlfriend's employment history as a basis for receiving social security old-age benefits, the answer is no.

    I note that the subject header of your post mentions "palimony," but you didn't say anything in your post that would reasonably raise that issue. Merely living with a boy/girlfriend does not give rise to a "palimony" claim. A "palimony" claim is essentially a contract claim, and the party seeking the "palimony" must prove that the other party to the relationship promised to provide financial support in exchange for something other than sex. Also, "palimony" isn't payable after death.

    Bottom line: If you want to be treated like a spouse, get married.

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