a joint return does not establish a common-law marriage. A minority of states recognize common-law marriages. But, even in these states, it’s not enough to just simply live together for a certain amount of time. Instead, the couple must hold themselves out to the public as married persons. There are various ways that can be done. Each state that recognizes common-law marriage sets forth certain tests that must be followed to establish the relationship. see a lawyer or a financial advisor because of her Social Security benefits. if you meet the state's requirements for recognition then a joint return or married filing separate return should have been filed for each year the marriage existed. there is no way for us to know how a joint return would affect her Social Security benefits. you don't have a choice either you have a CLM or you don't.
