Legal Question in Social Security Law in Pennsylvania

Surviving Common Law Spouse

I recently read that a PA judge ordered Social Security death benefits to a widow of common law marriage in Pennsylvania. I lost my common law wife to illness in 1997. She was a working woman who had nearly 20 years on the job, paying into social Security. We had lived together for 13 years. I am currently 51. Am I entitled to any death benefits as a result of this ruling?

Thank you,


Asked on 2/25/03, 9:03 am

1 Answer from Attorneys
Randall Selagy F. Randall Selagy, P.C.

Re: Surviving Common Law Spouse

I am not award of this ruling and it may be fact specific to that particular case. SS is federal law and I have not seen any recent federal case changing the regulations regarding rights of a commonlaw spouse in general.

PA recognizes Common Law marraige but the burden is on you to prove it. You must prove intent to be married and that you held yourselves out to the community as husband and wife.

The SS "Death Benefit" is only $200 dollars. There may be a survivors benefit for any minor children. There may be an adjustment to your retirement benefits and the only way to determine that is to go to your local SS office and ask someone to run the numbers.

for more info on any available benefit go to www.ssa.gov

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Answered on 2/25/03, 10:39 am


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