Navigating the complexities of Social Security benefits can be a daunting task, especially when it comes to determining your relationship status as a spouse or surviving spouse.
In this blog post, we will break down the guidelines set forth in § 404.345 to help you understand how your relationship status as a wife, husband, widow, or widower is determined under State law for Social Security purposes.
Determining your relationship as a wife or husband: To establish your relationship as the insured’s wife or husband, Social Security will refer to the laws of the State where the insured had a permanent home at the time you applied for wife’s or husband’s benefits. This is the determining factor in recognizing your relationship for benefit eligibility.
Determining your relationship as a widow or widower: For those applying as the insured’s widow or widower, Social Security will look to the laws of the State where the insured had a permanent home at the time of his or her death. This is used to determine if you meet the relationship requirements for widow’s, widower’s, mother’s, or father’s benefits.
Non-U.S. Territories: If the insured’s permanent home is not or was not in one of the 50 States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, or American Samoa, the laws of the District of Columbia will be used to determine the relationship. For a definition of permanent home, refer to § 404.303.
Meeting the relationship requirement: The relationship requirement for Social Security benefits will be met if you and the insured were validly married under State law at the time of application for wife’s or husband’s benefits or at the time of the insured’s death for widow’s, widower’s, mother’s, or father’s benefits.
Another way to meet the relationship requirement is if, under State law, you would be eligible to inherit a wife’s, husband’s, widow’s, or widower’s share of the insured’s personal property if he or she were to die without leaving a will.
Example: John and Jane are a married couple living in Texas. John has been working and contributing to Social Security for many years, and now he is nearing retirement age. Jane, who has been a stay-at-home parent, would like to apply for wife’s benefits based on John’s work record.
In this case, to determine their relationship for the purpose of Social Security benefits, the Social Security Administration (SSA) would look at the laws of Texas, where John has a permanent home.
John and Jane were legally married in Texas, so their relationship meets the requirements under Texas state law. As a result, Jane will be eligible to apply for wife’s benefits based on John’s work record.
Now, let’s say many years later, John passes away, and Jane would like to apply for widower’s benefits. The SSA would again look at Texas state law, where John had a permanent home at the time of his death. Since their marriage was valid under Texas law, Jane would meet the relationship requirement as a widower and be eligible to apply for widower’s, mother’s, or father’s benefits based on John’s work record.
If John and Jane were not legally married but lived together as a couple, the SSA would examine whether Jane could inherit a widower’s share of John’s personal property under Texas state law if John were to die without a will. If she could, then Jane would still meet the relationship requirement for Social Security benefits.
Conclusion: Understanding the guidelines for determining your relationship status as a wife, husband, widow, or widower is essential when applying for Social Security benefits. By following the rules set forth in § 404.345, you can ensure that your relationship is correctly established and avoid any potential issues with your benefit eligibility.
https://www.ssa.gov/OP_Home/cfr20/404/404-0345.htm
At Hugo Fierro & Michael Perez, we are equipped to provide comprehensive assistance in elucidating the nuances of your social security disability claim.