Will I lose my social security survivor benefit?

Asked about 4 years ago - Englewood, CO

I recieve social security survivor benefits for myself and my two children.I am curretly engaged and live in colorado with my fiance.I realize i will lose my benefit when I remarry although my children will continue to receive theirs.Right now my children and myself are without health insurance and my fiancee would like to add us to his employers health plan.But in doing so he has to represent us as common law married(which is recognized in colorado)We do live together and own our house together.If he does this will social security consider us legally married even though we dont file as married on any tax documents/Does social security consider common law married as married and will i lose my widows benefit before we actually get married with a marriage certificate? Thank you !

Attorney answers (1)

  1. Susan Hogg

    Contributor Level 12

    Answered . In general, Social Security accepts the state definition of "marriage", so if the state you're in recognizes "common law" marriages, and you and your future spouse/spouse have met the state's requirements for common law marriage, Social Security is likely to perceive you as married.

    You should speak to an attorney who is familiar with the laws of the state you reside in.

    This is general information only and NOT a replacement for consulting an attorney who is licensed to practice in the state you reside in. This general advice does NOT establish a lawyer/client relationship.

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