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Lane
Lane, JD,CFP, MBA, CRPS
Category: Social Security
Satisfied Customers: 11599
Experience:  Law Degree, specialization in Tax Law and Corporate Law, CFP and MBA, Providing Financial, Social Security & Tax advice since 1986
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A Araujo,i'm 63 years old ,my social #466 -7349,residente Of

Customer Question

Hello. my name is***** 63 years old ,my social #466 69-7349,residente Of Houston Texas , my question is if there will be any benefits for me if something occur to my husband for over 36 years living in comun law never married, his name is Angel D.Balbuena dob 05-26.
Submitted: 9 months ago.
Category: Social Security
Expert:  Lane replied 9 months ago.

Hi Dora. My name's Lane. I can help with this.

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Yes, Common law spouses and former common law spouses can be eligible for Social Security benefits (dependents and survivors benefits) based on their husband's or wife’s earnings record

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Their state' common law marriage requirements are met. This is because the Social Security Administration (SSA) follows state law when determining whether people have a valid marriage.

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ANd becasue TExas IS one of the states that recognizes Common Law Marriages, you can qualify for spousal benefits on his work record (50%) and if he passes, 71.5 up to 100% of his benefit (depending on when you start to take the benefit, 71.5% at age 60 .. up to 100% if you waited until your age 66) as a widows (called survivors' benefit).

Expert:  Lane replied 9 months ago.

Please let me know if you have any questions at all.

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If this HAS helped, and you DON’T have other questions … I'd appreciate a positive rating (using the faces or stars on your screen, and then clicking “submit")

I know it takes an extra step, but JustAnswer won’t credit us for the work until you rate.

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Thank you!

Lane

I have a law degree, with concentration in Tax Law, Estate law & Corporate law, an MBA, with specialization in finance & tax, as well as CFP® and CRPS designations. - I’ve been providing financial, Social Security/Medicare, estate, corporate, both for-profit and non-profit, and tax advice on three continents, since 1986.

Expert:  Lane replied 9 months ago.

Hi Dora. I'm just checking back in.

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Did you see my answer?

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Yes, Common law spouses and former common law spouses are eligible for Social Security benefits (dependents and survivors benefits) based on their husband's or wife’s earnings record

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They base this on state Law, and becasue Texas recognizes common-law spouses, you are entitled.

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If this HAS helped, and you DON’T have other questions … I'd appreciate a positive rating (using the faces or stars on your screen, and then clicking “submit")

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But of you need more here, let me know.

Lane