Social Security

Ask social security questions and get answers ASAP

Ask an Expert,
Get an Answer ASAP!

This answer was rated:

If you have a confidential marriage, and the beloved spouse…

If you have a...

If you have a confidential marriage, and the beloved spouse dies. I was told that to get a step up to the deceased spouses social security benefits, the death certificate has to indicate that you were married, even though you have a marriage license and can prove that you were married. Is that true? One of the purposes of a confidential marriage for some, is so others (like family members) can't find out. It seems like there should be an option on the death certicate that would say undisclosed)

Accountant's Assistant: These retirement benefits are supposed to help us but they can be so complicated! The Retirement Expert will help you get the most benefits propertly. Is there anything else the Retirement Accountant should be aware of?

The law for disclosing your marriage status should remain confidential, if you get a confidential marriage. It doesn't seem fair, that you have to disclose if you are single, married, or widowed to get social security benefits. Is there any work around for this deliema?

Show More
Show Less
Ask Your Own Social Security Question
Answered in 4 hours by:
9/16/2017
Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13,631
Experience: 22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
Verified

Hi, my name is***** .I have been practicing SS LAW full time for 12+ years, exclusively, and look forward to assisting you.

Ask Your Own Social Security Question

A marriage license is not what is needed. The ML is only a permit by the authorities to get married to XX person and it expires. The person either went ahead and got married or didn't. If they didn't and it expired, the person would have to apply for a new license to get married. What you need is the marriage certificate which is issued by the authority that married you and filed with the town you got married in. If you lost it, you can get it through the town, who keeps copies. The vital statistic office of the state will also have record of the marriage, as the town files it with the state.

No, the proof of marriage is NOT needed on the death certificate as it does not provide proof at all. See the attached US form of death certificate. While there is a spot to put any marriage info, it is not proof at all. In fact, there is no details, including no date of marriage or to whom. There is also a spot for "unknown" since when many people die and they are estranged from family or spouse or ex-spouse, the person who is to fill this out (like medical examiner/coronoer) has to do it quickly has no idea if the person is married, much less to whom, when, etc.

So, to be clear, "confidential" or not, it need not be on the DC. And if you never got a copy of the marriage license, here is how to do it:

"To acquire a certified copy of your California Confidential Marriage License you’ll need to submit the following to the County Clerk’s Office in the County that issued your wedding license:

  1. An Application for Marriage Record (a copy of this “Pink Sheet” will be provide along with your marriage license);
  2. A personal check payable to Registrar-Recorder/County Clerk in an amount equal $15 (as of 2015) for each marriage license copy you’ve ordered, and
  3. A cover letter in the form provided in the below link. (The letter is addressed to the Los Angeles County Clerk Registrar’s Office)."

https://www.officiantguy.com/getting-copy-marriage-certificate/

Ask Your Own Social Security Question

I hope this helps! My goal is to provide you with excellent and accurateservice – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Kindly rate me with 5 stars when you are done. It costs nothing extra but tells company to give mecredit for my assistance to you today. I look forward to assisting you inthe future, should you have legalquestions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

Your online SS legal resource!

Ask Your Own Social Security Question
Customer reply replied 9 months ago
Stephanie: You didn't answer my question, or I didn't present the information correctly. The question is:
Does a married couple who has a confidential marriage, have to report their correct marital status as "married" on a death certificate? In my case my spouse passed away recently. I was obtaining death certificates through the company offering cremation services. I live in California. I posed this question to the funeral director, who said that I did have to report that we were married. If I did not answer correctly that I would be lying on a government document, and it may affect my benefits. So the funeral director scared me into answering that we were married. My spouse and I wanted to keep the marriage confidential, and that we were married from our relatives, because we thought they would not approve. 2. Second question, can I show your answer to the funeral director?

HI again,

Here was your question: " I was told that to get a step up to the deceased spouses social security benefits, the death certificate has to indicate that you were married, even though you have a marriage license and can prove that you were married. Is that true?" Answer was NO,that is not true. The death certificate does NOT dictate if someone is married. Half the time the funeral director or ME has no idea if a dead person is married at the time they have to draft the DC, particularly if there is no spouse hanging about.

Now, I am answer with regard to SOCIAL SECURITY - marriage certificate is proof of marriage, a DC is NOT what they use for proof of marriage to get survivor widow benefits. If you are wondering what the rules are for ordering a DC from your state, that would be your state's laws, and I can not opine on that. This is strictly SS federal law.

But I am wondering - is the DC already created? If not, and if you simply kept away for a month, I believe the legal authority that drafts DCs will still have to create the legal DC for the state. Are you simply askling for a COPY of the DC so you can bring IT to the SSA along with your proof of spousal relationship and date of marriage, so you can apply for survivor benefit?

Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13,631
Experience: 22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.
Verified
Stephanie O Joy, Esq and 87 other Social Security Specialists are ready to help you
Ask your own question now
Lane
Lane, JD, MBA, CFP, CRPS
Category: Social Security
Satisfied Customers: 27,794
Verified
Phone call session started
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a social security expertLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Stephanie O Joy, Esq Your Own Question
Stephanie O Joy, Esq
Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13,631
13,631 Satisfied Customers
Experience: 22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.

Stephanie O Joy, Esq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response...

T.G.WMatteson, IL

I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight.

BonnieChesnee, SC

Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation.

JohnMinneapolis, MN

Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with.

OrvilleHesperia, California

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

< Previous | Next >

Meet the Experts:

dylatess

dylatess

ATTORNEY

3,467 satisfied customers

37 plus years of SSD practice

Megan C

Megan C

Certified Public Accountant (CPA)

4,582 satisfied customers

Licensed CPA, CMA, CFE, CGMA M.Accy Also Teach Accounting courses at Master's Level

LawTalk

LawTalk

Attorney

3,071 satisfied customers

I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.

R. Klein, EA

R. Klein, EA

Accountant

334 satisfied customers

Tax & Social Security Benefits specialist

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

233 satisfied customers

Licensed in multiple jurisdictions, experienced business attorney.

AttorneyTom

AttorneyTom

Attorney

16 satisfied customers

Attorney

Stephanie O Joy, Esq

Stephanie O Joy, Esq

Soc. Sec. Attorney

13,631 satisfied customers

22+ years legal exp. - 12+ years owning/operating her own SSD Law practice.

< Previous | Next >

Related Social Security Questions
If spouse has to go in nursing home, doe to dementia? Does
If spouse has to go in nursing home, doe to dementia? Does all. There social security and pension if any, has no savings, does the home take away his money? … read more
ABC Accounting Group
ABC Accounting Group
Bachelor\u0027s Degree
842 satisfied customers
I claimed survival spouse benefits but denied because our
I claimed survival spouse benefits but denied because our marriage last only for 6mos. after he had heart attack.If the requirements at least 9 mos. in marriage, if I dont qualify what other benefits … read more
Ray
Ray
Lawyer
Doctoral Degree
33,048 satisfied customers
My spouse is 70 yrs. old and retired drawing social
My spouse is 70 yrs. old and retired drawing social security. I am 65 yrs. old and working. I have read about a special benefit where I could draw a monthly check from my husbands social security. I n… read more
emc011075
emc011075
Senior Tax Specialist
Bachelor's Degree
16 satisfied customers
If a spouse is receiving disability benefits and her husband
If a spouse is receiving disability benefits and her husband dies, can she receive part of his social security benefits in addition to her disability … read more
emc011075
emc011075
Senior Tax Specialist
Bachelor's Degree
16 satisfied customers
Surviving spouse not qualified for pension due to government
Surviving spouse not qualified for pension due to government pension offset. Can son on ssi disability qualifie for part of her pension. She was slow provider for son … read more
Stephanie O Joy, Esq
Stephanie O Joy, Esq
Soc. Sec. Attorney
13,631 satisfied customers
What benefit(s) accrue to the surving spouse of a deceased
what benefit(s) accrue to the surving spouse of a deceased person? Both parties are retired and both receive SS benefits (income.) … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
Under what conditions can a spouse (in this case a wife who
Under what conditions can a spouse (in this case a wife who is receiving her own social security check) receive one half of her husband's social security check which is larger. … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
I want to file on my spouses social security. Is that
I want to file on my spouses social security. Is that benefit expiring on June 1, 2018? … read more
emc011075
emc011075
Senior Tax Specialist
Bachelor's Degree
16 satisfied customers
Requesting a Social Security Attorney please) My spouse and
Requesting a Social Security Attorney please) My spouse and child were recently added to my SSDI to receive auxiliary benefits. After our appointment with a very kind, and knowledgeable SSA office emp… read more
Stephanie O Joy, Esq
Stephanie O Joy, Esq
Soc. Sec. Attorney
13,631 satisfied customers
Divorcing. Can I obtain some funds from spouse's SS account?
divorcing. Can I obtain some funds from spouse's SS account? … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,906 satisfied customers
My child and spouse are receiving auxiliary benefits through
My child and spouse are receiving auxiliary benefits through my SSDI. My spouse is the designated payee for my child. However, both my SSDI benefits, my child's auxiliary benefits and spouse's auxilia… read more
Stephanie O Joy, Esq
Stephanie O Joy, Esq
Soc. Sec. Attorney
13,631 satisfied customers
If your spouse passes, both of u are seniors. Is the
If your spouse passes, both of u are seniors. Is the survivor entitled to … read more
abci168
abci168
Principal
27 satisfied customers
How do I apply to receive spouse's benefits while spoue is
How do I apply to receive spouse's benefits while spoue is currently receiving benefits? … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
Spouse is disabled. Ex-wife is receiving ssdi check in
Spouse is disabled. Ex-wife is receiving ssdi check in behalf of minor child (in excess of child support) Is spouse entitled to this money (he's the disabled one - custody is 50/50) … read more
Bryan M.
Bryan M.
Owner
Masters of Accountancy
148 satisfied customers
Date of Death 08/28.2016..Spouse, ***** ******. Husband was
******- ******* Date of Death 08/28.2016..Spouse, ***** ******. Husband was drawing $1664.00 before death. My SS was $1255. Why is my SS so low AFTER his death? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
How to precede after spouse has died. My spouse has died.
My spouse has died. How to apply for benefits? I already receive a small benefit … read more
Barbara
Barbara
Enrolled Agent, Paralegal
5,283 satisfied customers
How do I apply for death benefit of spouse, My spouse passed
My spouse passed away 12-9-17. I'm told there is a $250 burial benefit payable to the surviving spouse. … read more
LEV
LEV
Retired
Bachelor's Degree
14,896 satisfied customers
If a spouse dies and the deceased spouse ss has been
If a spouse dies and the deceased spouse ss has been activated and the others has not, can the surviving spouse collect the ss of the deceased until 70 when they then activate their own ss? They make … read more
emc011075
emc011075
Senior Tax Specialist
Bachelor's Degree
16 satisfied customers
Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Disclaimer: Information in questions, answers, and other posts on this site ("Posts") comes from individual users, not JustAnswer; JustAnswer is not responsible for Posts. Posts are for general information, are not intended to substitute for informed professional advice (medical, legal, veterinary, financial, etc.), or to establish a professional-client relationship. The site and services are provided "as is" with no warranty or representations by JustAnswer regarding the qualifications of Experts. To see what credentials have been verified by a third-party service, please click on the "Verified" symbol in some Experts' profiles. JustAnswer is not intended or designed for EMERGENCY questions which should be directed immediately by telephone or in-person to qualified professionals.

Show MoreShow Less

Ask Your Question

x