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Loren, Attorney
Category: Legal
Satisfied Customers: 33532
Experience:  30 years experience representing clients.
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My partner and I have lived together twenty years and wNt

Customer Question

My partner and I have lived together twenty years and wNt common law marital status. He is 22 years older and wants the marriage backdated so I can get his social security if he passes before me. Can this be done?
Submitted: 11 months ago.
Category: Legal
Expert:  Loren replied 11 months ago.

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Have you and your partner always lived in DC?

Expert:  Loren replied 11 months ago.

You can be eligible for survivor benefits from SSA as common law spouses. Washington DC allows common law marriage and social security benefits are available in any place recognizing common law marriage.

To prove a common law marriage to Social Security so that you'll be eligible for dependents or survivors benefits, one of the following must be provided.

If you are both alive, then you must both provide statements that affirm your marriage and you must provide a statement from a blood relative of each of you.

If your spouse has died, then you must provide a statement that affirms your marriage and two statements from blood relatives of your deceased spouse.

If both husband and wife have died, then a statement affirming the marriage from a blood relative of the wife and a blood relative of the husband affirming the marriage.Again, the SSA will only acknowledge common law marriages that were established in states that permit them.

Contact your local SSA office to start the process, but it sounds as if you should qualify.

Expert:  Loren replied 11 months ago.

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