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Ask Lane Your Own Question
Category: Social Security
Satisfied Customers: 12670
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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I live in Little Elm Texas and I was wondering if I put a

Customer Question

I live in Little Elm Texas and I was wondering if I put a domestic partner on my medical insurance since he lives with me and we been together for about 8 years but not married will I still be able to claim my ex-husband's Social Security benefits at the age of 62 since I was married to him for 23 years
Submitted: 11 months ago.
Category: Social Security
Expert:  Lane replied 11 months ago.

Hi. My name's Lane. I can help.


Although domestic partnerships are accepted for purposes of insurance benefits, it is not recognized as marriage by Texas. And Social Security defers to state law, when it comes to marital status.


A domestic partnership agreement is a legal agreement but it is not a marriage, a common-law marriage, or a civil union. Texas does not currently recognize any of these unions.


So as long as you do not formally Marry, in a state that recognizes one of these forms of marriage, Soocial Securityy will not see yo as remarried.


Two other oissues you should be aware of:


(1) You become eligible for a survivors benefit from a deceased spouse as early as age 60 (71.5% of his benefit, growing to 100% if you wait iuntil your own full retirement age to take the benefit)


(2) you CAN remarry if you wait until after you turn 60 to do so, and still receive the survivor's benefit on a prior spouses record.

Expert:  Lane replied 11 months ago.

Please Let me know if you have ANY questions, before rating me.

But if this HAS helped, and you don’t have more questions on this, I’d appreciate a positive rating (by using those stars on your screen, and clicking submit)

Thank you,


I have a law degree, (Juris Doctorate), with electives in Tax Law, Estate law & Corporate law, an MBA, with specialization in finance a BBA, and CFP & CRPS designations, as well - I’ve been providing financial, Social Security/Medicare, estate, corporate, non-profit, and tax advice, since 1986.