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Common Law Marriage Spousal Support

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Sierra1947

Junior Member
What is the name of your state? Pennsylvania

I lived in a common law marriage in the state of Pennsylvania from 1987 to 2002 and lived with him in New Jersey from 1984 to 1987. I just found out my ex married in 2005. Since I am on disability, I would like to find a way to get spousal support from him.
Prior to 1984 my ex lived in Canada for 20 years as a US citizen. All the monies he earned here in the USA as a US citizen was earned the entire time we were together.What is the name of your state?
 


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seniorjudge

Senior Member
Sierra1947 said:
What is the name of your state? Pennsylvania

I lived in a common law marriage in the state of Pennsylvania from 1987 to 2002 and lived with him in New Jersey from 1984 to 1987. I just found out my ex married in 2005. Since I am on disability, I would like to find a way to get spousal support from him.
Prior to 1984 my ex lived in Canada for 20 years as a US citizen. All the monies he earned here in the USA as a US citizen was earned the entire time we were together.What is the name of your state?
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There is no common law marriage in Pennsylvania.

http://ct-divorce.com/Commlaw.htm
 
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Sierra1947

Junior Member
Comon Law Marriage Spousal Support

I thought that prior to 2002, common law marriages were recognized in the state of Pennsylvania?
 
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moburkes

Senior Member
It appears that there are a few problems with your post.
1. If you were to receive additional income, wouldn't this change the amount of your disability payment?
2. You didn't apply for support when you separated. Instead, based on your post, now that you have found out that he is legally married to another person. Why is that?
 
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nextwife

Senior Member
How have you been filing your taxes since you and he seperated - married or single? How have you applied for credit and loans, etc. - single or married? How did you state your status on your current lease/mortgage?
 
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Sierra1947

Junior Member
Nextwife: I don't file taxes as I am on disability. Prior to my disability when we were together from 1984 to 2002 we filed separately except for one year in 1987. We bought a home together in 1987 in PA as married with both our names and sold the house together in Sept. 2002. We use to have credit cards together but due to his overspending, we went onto separate credit card accounts. We had joint checking and savings, I was on his medical insurance, etc. I now own my own home in Florida while he continues to reside in Pennsylvania.

To moburkes: I do not know what will happen with my disability should spousal support be something I could attain. I would have to check this out with Social Security. When I left and moved to Florida I asked him for $300.00 a month because I knew this is what I needed to make it through each month. I don't have an ulterial motive here because I found out he is married. When I spoke to him last night he told me he was filing for SS Retirement and was looking for some advise. I then got to thinking if I would be entitled to his SS benefits when I reach retirement age. What I found out is SS follows the law of the state in common law marriages as long as I don't remarry. Then this sky-rockets to spousal support as I am in need of additional monies. This is what got the ball rolling in my head.

When we were closing on the house, he had sign a note saying he would give me $6,000.00 from his 50% of the house. Unfortunately this didn't happen as he had filed bankruptcy and the bankruptcy court took his full 50%.
 
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Sierra1947

Junior Member
Comon Law Marriage Spousal Support

nextwife said:
There are still parameters that establish if cohabitaion does or does not constiutute a common law marriage.
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I believe I qualify for all of them in Pennsylvania.
 
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nextwife

Senior Member
Sierra1947 said:
Nextwife: I don't file taxes as I am on disability. Prior to my disability when we were together from 1984 to 2002 we filed separately except for one year in 1987. We bought a home together in 1987 in PA as married with both our names and sold the house together in Sept. 2002. We use to have credit cards together but due to his overspending, we went onto separate credit card accounts. We had joint checking and savings, I was on his medical insurance, etc. I now own my own home in Florida while he continues to reside in Pennsylvania.

To moburkes: I do not know what will happen with my disability should spousal support be something I could attain. I would have to check this out with Social Security. When I left and moved to Florida I asked him for $300.00 a month because I knew this is what I needed to make it through each month. I don't have an ulterial motive here because I found out he is married. When I spoke to him last night he told me he was filing for SS Retirement and was looking for some advise. I then got to thinking if I would be entitled to his SS benefits when I reach retirement age. What I found out is SS follows the law of the state in common law marriages as long as I don't remarry. Then this sky-rockets to spousal support as I am in need of additional monies. This is what got the ball rolling in my head.

When we were closing on the house, he had sign a note saying he would give me $6,000.00 from his 50% of the house. Unfortunately this didn't happen as he had filed bankruptcy and the bankruptcy court took his full 50%.
Click to expand...

And how have you been filing all those years since the breakup?
 
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Sierra1947

Junior Member
nextwife said:
And how have you been filing all those years since the breakup?
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I do not file taxes as I am on disability and don't receive that much. NOW that I live in Florida I am homesteaded so I don't pay property taxes.
 
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nextwife

Senior Member
Sierra1947 said:
I was covered UNDER his health insurance until August 17, 2003.
Click to expand...
So? My manager had his partner covered under his health insurance until he died. That did NOT make them married.
 
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