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spousal benefits between couples?

If a couple separates, but never legally divorces in the US, is the "common-law-wife" (another woman) allowed to collect benefits from the man even though his legal wife is alive. Or is there some law that says if you are separated for many years - you are not married?

My uncle would never give my aunt a divorce though she hated him. Now he died and we heard that his girlfriend has been "acting" as his legal wife and collecting benefits because she had kids by him?

I don't want her to get in trouble but I think she broke the law?

Thanks for any answers

1 Answer

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  • 8 years ago

    The only thing she's entitled to Social Security benefits for her minor children that your uncle fathered. Doubt that she can get anything else without proof of a legal marriage.

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