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Personally I wouldn't care. Nowadays it's very common for couples to live together without marriage and have families. Who knows what their circumstances were. AFA social security, some states accept common law and you can be eligible for SS and others don't. Some states actually grandfather, i.e. do not accept current common law marriages but will accept those from the past.
If they had previously been married to others and never divorced, they probably wouldn't be eligible for SS.
When my mom died, we found out that Dad was her third husband. Mom and Dad were married over 60 years and kept the secret. We all had many good laughs about it later and wished we had been able to ask her about the prior husbands. No one was mad or irritated just kind of sad they had to keep such an important secret.
We found out we had a 74 year old step brother from the second husband. My brother contacted him and he remembered Mom because he was about 5 when they were married.
It probably would have affected me more when I was younger than it would now. I'd likely be shocked and curious as to why it was never made legal but I also feel you can be just as committed without a piece of paper as you are with one.
Hasnt been a big deal in years. Think about all the children for decades who have no clue who daddy ever was or is.Sad commentary but dont expect things to change.
They are probably common law married anyway if they live in my home state of Texas. Many states recognize common law marriages, especially for cases of probate. They represented themselves as being married, so the wife could probably get SS.
Otherwise, I wouldn't care one way or the other. Who cares?
Personally, I would also not be concerned for myself and my feelings in such a situation. They did what they wanted to do and made it work - past that I would not care.
Common law marriage is still recognized only in about a half dozen states. In perhaps 4 or 5 more, the laws have changed, and if the common law marriage started before the law changed, it is still recognized.
But when it comes to property rights - which would include SS benefits - the surviving spouse can run into legal issues. The survivor may not be eligible for the spousal SS benefits. I agree with the poster who said a lawyer would be the next logical resource.
Another one for wouldn't care...in fact, while researching information on one of my childhood homes, I found out my father had a lien placed on the house from the power company when I was real young. Sure, I could get a little freaked out that my father was obviously so financially irresponsible back then, but what good is it going to do me now?
Same as if I found out my parents never married, or even my mother and current step father never did. I may be curious as to the why, but at the end of the day, it really wouldn't matter one way or the other. It is/was their lives, their decision, just the same as I don't want my parents getting bent out of shape over the decisions I make about my own life.
Actually, now that I think about it - turns out this was my Dad's 2nd marriage - a fact that my mother hid from all of us for her entire life. I think I found out when I was 30 or so. Didn't care then - don't care now.
I know two couples like that. They aren't legally married but they say they are. Don't really care, not my business.
Last edited by LS Jaun; 07-16-2015 at 04:52 PM..
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