Understanding Social Security Benefits For Common-Law Spouses

In the US, individuals in a common-law marriage may be eligible for Social Security benefits, including spousal, survivor, and death benefits, based on their spouse or former spouse's earnings record. However, this depends on whether the couple lives in a state that recognizes common-law marriage. The Social Security Administration (SSA) follows state law when determining whether a couple has a valid marriage. To apply for benefits, couples must provide evidence, such as signed statements from both spouses and a blood relative of each, affirming their marriage.

Common-law marriage requirements

In the United States, common-law marriage has existed since colonial times, when America was a colony of England. Common-law marriage, also known as non-ceremonial marriage, is a legally and informally recognised marriage. This means that the couple did not have a formal wedding ceremony and did not obtain a marriage license or marriage certificate.

The Social Security Administration (SSA) follows state law to determine whether a couple has a valid marriage. Therefore, the requirements for common-law marriage vary depending on the state. Currently, there are 10 states that recognise common-law marriage: Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, and Utah. The District of Columbia also recognises common-law marriage.

Some common requirements for common-law marriage in the US include:

• Living together: There is no statutory requirement for the length of time a couple needs to live together, but generally, the longer they live together, the stronger their case is for a common-law marriage.
• Legal right or "capacity" to marry: Both partners must have the legal capacity to marry, typically by being at least 18 years old, of sound mind, and not already married to other people.
• Intent: Both partners must intend to be married and behave as a married couple, holding themselves out as a married couple to friends, family, and the public.
• Cohabitation: The couple must cohabit for a "significant" period, which varies depending on the state.

If a couple meets the requirements for a common-law marriage in their state, they may be eligible for Social Security benefits based on their spouse's or former spouse's earnings record. To claim these benefits, both common-law spouses must complete a "Statement of Marital Relationship" (form SSA-754) and provide a statement from a blood relative affirming the marriage (form SSA-753). Additionally, Social Security may seek corroborating evidence, such as mortgage or rent receipts, insurance policies, or bank records.

It is important to note that not all states in the US recognise common-law marriage, and the recognition of common-law marriages established abroad varies by country. Therefore, it is always best to check the specific requirements and eligibility for Social Security benefits in the relevant state or country.

Social Security recognition

Recognition of common-law marriages and any associated benefits is dependent on the laws of the state in which the marriage was established. The Social Security Administration (SSA) follows state law when determining whether individuals have a valid marriage. The SSA will only acknowledge common-law marriages that were established in states that permit them.

The recognition of common-law marriages varies across the United States. Currently, only a minority of states legally recognize these marriages. These include Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, and Utah. The District of Columbia also recognizes common-law marriages.

If a common-law marriage was established in a state that permits them, and the couple subsequently moves to a state that does not recognize these marriages, their union will still be valid in their new state of residence. However, if a couple establishes a common-law marriage in a state that does not permit them, and then moves to a state that does, their union will not be recognized in the new state.

To apply for Social Security benefits, the SSA requires certain evidence to prove a common-law marriage. Both spouses must complete a "Statement of Marital Relationship" and provide additional statements from blood relatives affirming the marriage. If a spouse has died, the surviving spouse must provide their own statement and one from their blood relative, in addition to two statements from the blood relatives of the deceased spouse. The SSA may also seek corroborating evidence, such as mortgage or rent receipts, insurance policies, or bank records.

It is important to note that the children of common-law spouses who are both deceased may qualify for survivor benefits. In such cases, they must provide a form from a blood relative of each parent. Additionally, the question of Social Security benefits for common-law marriages between same-sex partners is legally unsettled, as the Supreme Court's Obergefell ruling did not specifically address this issue.

Evidence of marriage

To claim Social Security benefits as a common-law spouse, you must prove that you have a valid common-law marriage. The Social Security Administration (SSA) follows state law when determining whether a couple has a valid marriage. This means that the state where you live must recognize your relationship as a legitimate common-law marriage.

The exact evidence you'll need to prove a common-law marriage will depend on your state's laws. Here are some examples of evidence that may help to prove a valid common-law marriage:

• An agreement or other official documents signed by both partners declaring their intention to marry
• Affidavits from friends and family who are familiar with the relationship and can attest to the length of time the couple has lived together, any public announcements of the marriage (such as a social media post), and whether friends, neighbours, and family consider them to be married
• Documents showing that one spouse has assumed the surname of their common-law spouse
• Deeds showing title to property held jointly by both parties
• Bank statements and checks showing joint ownership of accounts
• Loan documents, leases, mortgages, and promissory notes that show joint financial obligations
• Driver's licenses or Social Security number cards showing a name change that matches the spouse's name
• Church records indicating familial status, membership information, or baptismal certificates of the spouses' children

If you are unable to provide the preferred evidence, the SSA may ask for other convincing evidence of the marriage. It's important to note that if you live in a state that does not recognize common-law marriage, you will not be eligible for Social Security benefits based on that relationship.

State recognition

Currently, only a minority of states legally recognize common-law marriages. These include Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, and Utah, as well as the District of Columbia. If a couple's common-law marriage was established in one of these states, they may be eligible for Social Security spousal, survivor, and death benefits based on their spouse's or former spouse's earnings record.

The specific requirements for a valid common-law marriage vary by state. In most cases, the couple must live together and present themselves to the public as a married couple. Some states may have additional criteria that must be met. For example, Texas has specific requirements under state law that must be fulfilled for the SSA to recognize a common-law marriage.

To claim Social Security benefits, common-law spouses must provide evidence of their marriage. This typically includes statements from both spouses and statements from blood relatives of each spouse. If a spouse has passed away, the surviving spouse must provide their statement and those of two blood relatives of the deceased. In some cases, other evidence, such as mortgage or rent receipts, insurance policies, or bank records, may be used to corroborate the marriage.

It is important to note that if a couple moves to a state that does not recognize common-law marriages, their marriage will still be valid as long as it was established in a state that permitted it. However, they may encounter challenges in claiming Social Security benefits in their new state of residence.

Benefits eligibility

The Social Security Administration (SSA) follows state law when determining whether people have a valid common-law marriage. If you live in a state that does not recognize common-law marriage, you cannot claim Social Security benefits based on that relationship. Currently, only 10 states and the District of Columbia recognize common-law marriages: Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, and Utah.

If you live in a state that does recognize common-law marriage, you may be eligible for Social Security benefits (spousal, survivor, and death benefits) based on your spouse's or former spouse's earnings record. To apply for benefits, you must provide evidence to prove your common-law marriage. This evidence typically includes a "Statement of Marital Relationship" (form SSA-754) and a statement from a blood relative affirming the marriage (form SSA-753). If your spouse has died and you are seeking survivor benefits, you must provide your own statement and one from two blood relatives of the deceased. Social Security may also seek corroborating evidence, such as mortgage or rent receipts, insurance policies, or bank records.

It's important to note that the rules and criteria for establishing a common-law marriage vary widely from state to state. To determine your specific state's requirements, you can refer to the Social Security's website, which provides a state-by-state description of how each state treats common-law marriage.

Additionally, if you have established a valid common-law marriage in a state that recognizes it, and then move to a state that does not recognize such marriages, your new state of residence must still recognize your marriage. This means that you may be able to receive Social Security benefits in any state, as long as your common-law marriage was created in a state that permitted it.

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