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are married and one spouse dies, the surviving spouse is entitled to 100% of the amount the deceased spouse was collecting at death, if the surviving spouse has reached full retirement age (otherwise the survivor benefit is reduced for claiming it early). The surviving spouse gets the survivor benefit if that benefit is more than they are entitled to on their own.

In any case, neither of you would be eligible for a Social Security spousal benefit or survivor benefit from the other unless you are married (you must be married for at least one year to get a spousal benefit and at least 9 months for a survivor benefit).

Note that so-called “common law” marriage isn’t recognized in most U.S. states, and Social Security goes by state law on that topic. The only states which currently recognize common law marriages are Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah (and the District of Columbia).

So, unless you were to live in one of those states, or in D.C., cohabitating would not be considered a “marriage” for the purposes of Social Security benefits, and no spousal or survivor benefits would be available to either of you.

This article is intended for information purposes only and does not represent legal or financial guidance. It presents the opinions and interpretations of the AMAC Foundation’s staff, trained and accredited by the National Social Security Association (NSSA). NSSA and the AMAC Foundation and its staff are not affiliated with or endorsed by the Social Security Administration or any other governmental entity. To submit a question, visit our website (amacfoundation.org/programs/social-security-advisory) or email us at ssadvisor@ amacfoundation.org.

The 2 million member Association of Mature American Citizens [AMAC] [https://www. amac.us] is a senior advocacy organization that takes its marching orders from its members. We act and speak on their behalf, protecting their interests and offering a practical insight on how to best solve the problems they face today.

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