Dear aubreysparalegal:
Good question. (I know, bad answer). I don't know if Social Security recognizes common law marriages or not. Common law marriages are a state concern; some states allow it, some don't. However, Social Security is a federal agency; they don't necessarily recognize state laws in their administration of moneys. You should able to get your question answered by either: (1) calling the Social Security office and asking them, (2) asking either a local family law attorney or local probate attorney, (3) checking out one of those "do it yourself" probate law books at your local bookstore (a local bookstore presumably will have books on local law), (4) checking out one of those "do it yourself" divorce books at your local bookstore (I know you're not getting a divorce, but there should be a whole chapter in that book on what property rights spouses have in your state, including Social Security). Sorry I couldn't answer your question directly; I hope this gives you some good places to start.
