Understanding Social Security Benefits For Common-Law Spouses

The death of a spouse is a harrowing experience, and the last thing you want to worry about is finances. If you are in a common-law marriage, you may be eligible for survivor benefits. However, there are specific requirements that need to be met, and these vary by state. In some states, like Colorado, a common-law marriage is valid if both parties intended to be married and lived together. If you were already receiving spousal benefits, you may be automatically switched to survivor benefits, but otherwise, you will need to apply.

Common-law marriage recognition

A common-law marriage, also known as a non-ceremonial marriage, informal marriage, or marriage by habit and repute, is a legally recognised marriage between two people who have not purchased a marriage license or engaged in a ceremony overseen by an officiant. Common-law marriages are permitted in several US states, as well as in some other countries, but the specific requirements vary depending on the jurisdiction.

In the United States, individuals in a common-law marriage may be eligible for Social Security benefits (spousal, survivor, and death benefits) based on their spouse's or former spouse's earnings record, as long as they meet the requirements to establish a common-law marriage in their state. The Social Security Administration (SSA) follows state law when determining whether a couple has a valid common-law marriage. While not all states have specific statutes regarding common-law marriage, they may use public policy or case law to determine its validity. To be eligible for benefits based on a spouse's earnings, individuals must provide evidence to prove they were in a valid common-law marriage, such as statements from each spouse affirming the marriage and statements from blood relatives of each spouse. Additionally, if the couple moves to another state after establishing a common-law marriage in a state that allows it, the new state must recognise their marriage.

In Texas, for example, there is no requirement for a specific time length for a couple to be together to qualify as a common-law marriage. However, couples can choose to register their common-law marriage by filing a declaration with the county clerk. If a couple chooses not to declare their common-law marriage, they may need to provide other documents, such as lease agreements, tax returns, or insurance policies, to prove their marriage if a dispute arises. Same-sex common-law marriages are also recognised in Texas.

Outside of the US, common-law marriages have limited recognition in Kuwait in the case of expatriate familial disputes, such as maintenance payments and child support dues. In Australia, the term "de facto relationship" is often used for relationships between any two persons who are not married but are living in certain domestic circumstances. De facto relationships have been recognised in the Family Law Act since 2009, although Western Australia has not referred its jurisdiction to the Commonwealth in this matter.

Proving a common-law marriage

Common-law marriage, also known as marriage without formalities or informal marriage, is a valid and legal way for a couple to marry in certain states. Common-law marriage has existed since the United States began, but it has fallen out of favour, and most states no longer allow it. Common-law marriage is fully recognised in seven states and the District of Columbia.

If you want to take advantage of the legal rights and benefits of marriage, you must prove that your common-law marriage exists. The exact evidence you'll need to prove a common-law marriage will depend on your state's laws, but here are some general guidelines:

• You must show that you established your marriage relationship while living in a state that recognised common-law marriages.
• Both of you must have intended for your relationship to be a marriage.
• You lived together and held yourself out in public as a married couple.
• You must be at least 18 years old (or have parental consent if you're younger) and have the mental capacity to understand the commitment and consequences of marriage.
• You cannot be closely related to your spouse (incest) or married to multiple people (bigamy).

Some documents that can be used to establish a common-law marriage include:

• Affidavits: a written statement in which you swear under oath that your relationship is a marriage. This can be a personal affidavit or one from friends and family who know your relationship and can attest to it.
• Lease agreements, tax returns, and insurance policies that include both your and your spouse's names.
• Other official documents signed by both partners declaring your intention to marry.

If you want to receive Social Security benefits based on your common-law spouse's earnings, you'll need to provide the Social Security Administration (SSA) with evidence that you were in a valid common-law marriage. This includes statements from both spouses affirming the marriage, as well as statements from a blood relative of each spouse. If your spouse has died, you'll need your statement, along with statements from two blood relatives of your deceased spouse. The SSA will only acknowledge common-law marriages that were established in states that permit them.

State-specific requirements

The Social Security Administration (SSA) follows state law when determining whether a couple has a valid common-law marriage. As such, the requirements to establish a common-law marriage vary by state.

In Pennsylvania, for example, a couple may claim to be common-law married if there is clear and convincing evidence that they exchanged words in the present tense with the specific intention of establishing a legal husband-wife relationship. This exchange of words must have occurred on or before January 1, 2005. While Pennsylvania no longer allows new common-law marriages, it still recognizes those formed on or before this date.

In Colorado, a couple can enter into a valid common-law marriage if they agree to live together as husband and wife, even if they contemplate a future ceremonial marriage.

To receive survivor benefits from the SSA, you must provide evidence to prove that you were in a valid common-law marriage. If both spouses are living, each must provide a statement affirming the marriage, and the spouse applying for benefits must also provide a statement from one of their blood relatives and one from their spouse's blood relatives. If one spouse has passed away, the surviving spouse must provide a statement affirming the marriage, along with statements from two blood relatives of the deceased spouse. If both spouses have passed away, the person applying for benefits must provide a statement affirming the marriage from one blood relative of each spouse. These statements must be submitted on special forms available at the Social Security office or on the SSA website.

It is important to note that SSA will only acknowledge common-law marriages established in states that permit them. If you move to a different state after establishing a valid common-law marriage in a state that recognizes it, your current state of residence must also recognize your marriage.

Eligibility requirements

To receive Social Security survivor benefits, you must be the spouse, ex-spouse, child, or dependent parent of the deceased. The deceased also must have worked and paid Social Security taxes. If you are a common-law spouse, you must prove that you were in a valid common-law marriage. This means providing evidence that you met the requirements to establish a common-law marriage in your state. The Social Security Administration (SSA) will only acknowledge common-law marriages that were established in states that permit them.

If your spouse is still alive, you will need statements from both spouses affirming the marriage, as well as statements from a blood relative of each spouse. If your spouse has passed away, you will need to provide your own statement affirming the marriage, along with statements from two blood relatives of your deceased spouse. In some cases, other evidence may be substituted or used to support your claim, such as a court determination that your common-law marriage was valid.

There are additional requirements that must be met to receive survivor benefits. If the deceased spouse did not die accidentally or in the line of U.S. military duty, you must have been married for at least nine months at the time of their death. You must also not have remarried before the age of 60 (or 50 if you have a disability). However, if you are caring for children from the marriage who are under 16 or have a disability, you can apply at any age.

The amount of your survivor benefit is generally based on what your late spouse was receiving from Social Security at the time of their death or what they were entitled to receive based on their age and earnings history. If you have reached full retirement age, you will receive 100% of the benefit your spouse was or would have been collecting. If you claim survivor benefits between the age of 60 and your full retirement age, you will receive between 71.5% and 99% of the deceased's benefit. If you claim in your 50s due to a disability, the survivor benefit is 71.5% of your late spouse's benefit.

Applying for survivor benefits

If you are a common-law spouse, you may be eligible for survivor benefits. However, you must meet certain criteria to qualify. Firstly, your common-law marriage must have been established in a state that permits such marriages. The Social Security Administration (SSA) will only acknowledge common-law marriages that were created in states that permitted them. Therefore, it is important to verify the requirements for common-law marriage in your state.

To apply for survivor benefits, you will need to provide evidence to the SSA that proves you were in a valid common-law marriage. This can include your statement affirming the marriage, along with statements from two blood relatives of your deceased spouse. In certain situations, you may be able to substitute other evidence for these statements or provide additional supporting documentation, such as a court determination of your common-law marriage.

It is important to note that if you established a valid common-law marriage in a state that recognizes it, the SSA will continue to recognize your marriage for benefit purposes even if you later move to a state that does not allow common-law marriages. However, if you are still legally married to your common-law spouse, you must meet the requirements for a valid divorce under your state's laws. There is no concept of "common-law divorce," so you must go through the standard divorce process in your state's courts to legally terminate the marriage.

Once you have gathered the necessary evidence and confirmed your eligibility, you can submit your application for survivor benefits. Remember to keep the SSA informed of any changes to your work, income, or personal information after you have been approved for benefits. By understanding the requirements and providing the necessary documentation, you can ensure a smooth application process for survivor benefits as a common-law spouse.

Frequently asked questions