Ask Larry

I lived with a man for 10 years and then we married. We were married for another four or five years before divorcing. Is it possible for me to obtain a "spouse" benefit with regard to his Social Security benefits? We signed a prenuptial agreement when we moved in together. I quit work when we moved in together so it cut into my social security contributions. His high income would really help increase my social security benefits. Thank you.

Hi,

It doesn't sound like you'd qualify for divorced spousal benefits. In order to be eligible for benefits as a divorced spouse, you must have been married for at least 10 consecutive years leading up to the time of your divorce.

Some states recognize common law marriages, which count toward the duration of marriage requirement, but simply living together doesn't establish a common law marriage. At a minimum, there must be an agreement between the members of a couple to be considered as married in order for their relationship to potentially be recognized as a common law marriage (https://www.ssa.gov/OP_Home/handbook/handbook.03/handbook-0307.html).

Best, Jerry