Legal Question in Family Law in New Mexico

Re: Pera

In a nutshell - No. Under N.M. law, in order to receive your spouse's retirement benefits, you must have a spouse. N.M. does not have a common law marriage. Thus, if you have only lived with your 'friend' in N.M. and you have not been married you will not receive a surviving spouse benefit.

Now, different life insurance plans and some retirement plans will allow a non-married significant other to collect. I do not believe PERA falls within this category, however, you can call PERA in Santa Fe and ask them directly. They can give you a direct answer.

You should seriously consider seeing an attorney to help you make legal plans for your future. If you choose to remain 'not married' there are other steps you can both take to ensure that each of you are taken care of in the event of something happening to the other.

I would suggest you speak with an estate planning lawyer or a family lawyer.

Good Luck.