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My partner of 15 years died 5 months ago but we weren't married. Would I still be entitled to his social security benefits?

I would like to know if I would be eligible to
recieve his social security benefits?

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Attorney answers (1)

Reputation Level 20
Common law marriage is no longer allowed to be formed within IL. However, if you and the partner lived in a state that does allow the formation of common law marriage and you two met that state's requirements, you may have a common law marriage that likely is recognized by all US states.

If you do have a valid common law marriage, you may be eligible for Social Security benefits.

You can check here for a very brief summary of common marriage: http://en.wikipedia.org/wiki/Common-law_marriag... .

If you two have lived in any state that allows common law marriage, you should review your facts with an attorney to see if your claims are legally supported.

Applications for Social Security benefits are free when filed directly with the Social Security Administration. Its website is www.ssa.gov . You can review the information available at that site to see if you may be eligible. You can apply and let the SSA decides whether you are eligible.

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