The Social Security Administration (SSA) does recognize common law marriages, with both parties entitled to the same benefits as a traditional married couple. However, one cannot receive both their Social Security Disability Insurance (SSDI) and the full spousal benefit simultaneously. To establish a common law marriage, the couple must abide by their state’s laws and submit the necessary forms and evidence to the SSA.

If someone is entitled to both SSDI payments and spousal benefits, they can’t collect the full amount of both. Instead, they receive a combination of the two benefits that result in them receiving the higher of the two. For example, if a spouse is receiving a $1,200 monthly disability benefit but could receive a $1,500 monthly spousal benefit, they will receive their full SSDI benefit, plus the $300 difference between their disability and spousal benefits. The SSA recognizes a valid common law marriage just as it does a traditional one. The spouses must ensure their common law marriage adheres to state laws, then file the appropriate paperwork.

To determine when to claim Social Security within the context of a larger retirement plan, consider consulting a financial advisor. Furthermore, it’s critical to understand how different claiming ages can impact your Social Security benefits. Waiting until age 70 could increase your benefits by up to 32%, while claiming at age 62 could reduce your benefits by up to 30%.