Does Social Security recognize common-law marriage for survivor benefits after 30 years together?

The answer is...it depends on your state. Social Security does recognize common-law marriages IF your state recognizes them. Only certain states do: Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah and DC. You'll need to prove your relationship meets your state's requirements for common-law marriage. Since you're in Texas, you're potentially eligible, but you'll need documentation showing you presented yourselves as married (joint accounts, insurance policies listing each other as spouses, etc). The SSA doesn't have a special 'common-law' application - you apply for benefits as a spouse and then provide evidence of the common-law marriage.

my cousin tried this and got denied cuz they didnt have enough proof...make sure u have TONS of paperwork showing u guys as married. SS is super picky about this stuff

With common-law marriages and Social Security, documentation is everything. Here's what you'll need to provide: 1. Affidavits from you and your partner stating your intent to be married 2. Affidavits from friends/family confirming you presented yourselves as married 3. Documents showing joint ownership (property, bank accounts) 4. Documents where you used the same last name (if applicable) 5. Insurance policies listing each other as spouse 6. Any evidence you've represented yourselves as married to the community In Texas specifically, you need to prove: (1) an agreement to be married, (2) living together in Texas as husband and wife, and (3) representing to others that you are married. I'd recommend consulting with an elder law attorney in Texas familiar with Social Security issues before applying.

I went thru something kinda similar. Been with my partner 22 yrs but in FL which doesnt do common law. Had to officially get married before I could get any benefits. Just fyi, it matters where you CURRENTLY live not where you lived before. So if your in Texas now ur good but if you moved to Florida forget it!!

You should really just get legally married now if you can. It's the easiest solution and guarantees your benefits. Common law is a HUGE headache with Social Security - I've seen people fight for years trying to prove their relationship qualified. If your partner is still alive, just do a quick courthouse wedding and save yourself the trouble. If they're deceased, then you'll need to go the documentation route others mentioned.

The Social Security Administration is EXTREMELY frustrating to deal with on these kinds of issues. I spent WEEKS trying to get someone on the phone about my widows benefits after my husband passed last year. Kept getting disconnected or waiting for hours. I finally used a service called Claimyr (claimyr.com) that got me connected to an actual SSA agent in under 10 minutes! They have a video showing how it works: https://youtu.be/Z-BRbJw3puU When dealing with something complicated like common-law marriage benefits, you definitely want to talk to a real person at SSA rather than trying to figure it out online. Save yourself the headache!

Something important to consider: For Social Security purposes, if you're applying for spousal benefits (while your partner is alive), you must be currently living in a state that recognizes common-law marriage. However, if you're applying for survivor benefits (after your partner passes), SSA will recognize the common-law marriage if it was valid in a state that recognized it when you were living there, even if you've moved to a non-recognizing state. Also, get a "Declaration of Informal Marriage" from your Texas county clerk NOW. It's retroactive to when you began your common-law relationship and will make your SSA application process much smoother.

One more thing - make sure you understand that even with a recognized common-law marriage, the spousal benefit rules still apply. You'll only get 50% of your partner's benefit amount if taken at your Full Retirement Age (and less if taken earlier), and only if that amount is higher than your own earned benefit. And remember that if you take benefits before your FRA, you'll be subject to the earnings test if you're still working.

my brother n his gf tried to claim they were common law for ss and got DENIED even tho they lived together 15+ years... ss said they needed MORE PROOF they were acting like married people. make sure u have tons of paperwork!!!

Just wanted to add my experience - I successfully got spousal benefits based on my common-law marriage in Texas after 25 years together. The key was having that Declaration of Informal Marriage from the county clerk like @Javier Gomez mentioned. We filed it about 6 months before I applied for SS benefits, and it made the whole process much smoother. The SSA agent told me that having that official declaration really helps because it shows the state of Texas recognizes your marriage. We also provided joint bank statements going back 10+ years, our mortgage documents showing both names, and affidavits from family members. One tip: when you go to file the Declaration, bring as much documentation as possible showing your relationship timeline. The county clerk can include some of that in the filing which strengthens your case with SSA later. Good luck!