Common Law marriage

[holiday8]

My jurisdiction is: PA

I have just learned that my common-law husband has died, in PA. Am I entitled to any death benefit, such as social security? We had one child together.

 

[Duranie]

How can you just learn that your common law husband has died? If you never officially got a divorce, you were not common law married. Regardless if you were married to him or not, if you have a child together and paternity was established, you should still qualify for SS benefits.

It appears PA does recognize if it took place before 1/1/2005 however, you are still required to get a divorce. Since you did not, you may not have been considered common law married.

http://www.unmarried.org/common-law-marriage-fact-sheet.html