Family Law Questions? Ask a Family Lawyer Online.
[I'm a bit confused with this web page "accept answer" format; I only can only spend $28! Have I goofed then with 2 sets of questions?]
1. I am guessing that my ex-husband's social security (based on his whole career's work history) will be much more than my social security (since I taught most of the time & will receive PERA benefits..). If I elect to receive his social security benefit, will it reduce his monthly amount for himself?
2. Do I have to contact him to let him know that I will be collecting from his ss benfit?
3. What if I elect to claim a ss benefit from his record (rather than mine, even though both will be reduced), and the woman he's been living with claims it, too? He has not married her in the conventional sense, but they may be considered married by common law standards. (We do not communicate on these matters at all..we divorced in 1984.)
Thanks again. -Stephanie
In order to establish a common law marriage in Rhode Island, a couple must have "seriously intended to enter into the husband-wife relationship." Demelo v. Zompa, 844 A.2d 174 "The parties conduct also must be of such a character as to lead to a belief in the community that they were married." Demelo v. Zompa 844 A.2d 174 "The prerequisite serious intent and belief is demonstrable by inference from cohabitation, declarations, reputation among kindred and friends, and other circumstantial evidence." Demelo v. Zompa, 844 A.2d 174. A crucial element to common law marriage is whether a couple holds themselves out to the community as husband and wife.