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TaxRobin
TaxRobin, Tax Preparer
Category: Social Security
Satisfied Customers: 13314
Experience:  15+ years in tax preparation and instruction
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I lived with mary Bladen 7 yeas and we were married

Customer Question

I lived with mary Bladen for over 7 yeas and we were married by a minister, but she was bed ridden and we could apply for a legal license to marry. I undestadn the STate of Florida recognizes common law marriages. Does the Social Security recognize them? I would like to apply for widowers social security benefits from my wife. How do I go about this? and is it possible without being legally married. William A. Hayward Sr.###-##-#### ***** have her death certificate and her social security number.
Submitted: 6 months ago.
Category: Social Security
Expert:  TaxRobin replied 6 months ago.
HelloSSA recognizes a common law marriage as long as it is valid in the state.In Florida Common Law Marriages are Recognized before 01/02/1968.The elements of a common-law marriage were:legal capacity to contract marriage;mutual agreement of the parties to become husband and wife presently; andconsummation of the agreement by cohabitation.If the relationship was not valid in the beginning because one party had a prior undissolved marriage, their cohabitation as husband and wife, after removal of the impediment and before 01/02/1968, created a common-law marriage; no new agreement of marriage after removal of the impediment had to be established.If a purported common-law marriage occurred before 01/02/1968, and such marriage was not valid because of an impediment, but such impediment was removed after 01/01/1968, then a common-law marriage did not arise.Your marriage would need to have happened prior to Florida changing their laws in 1968. Florida doesn't have a common law marriage any longer, however Florida does recognize common law marriages that occurred in other states.
Expert:  TaxRobin replied 6 months ago.
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