Keith Mack
The eligibility of a common-law wife for Social Security benefits depends on various factors, including the laws and regulations of the specific jurisdiction and the requirements of the Social Security system in place. In the United States, the Social Security Administration (SSA) recognizes common-law marriages as valid, provided they were established in a state where such marriages are legal. This means that a common-law wife may be eligible for Social Security benefits, including spousal, survivor, and death benefits, as long as her marriage meets the criteria for a common-law marriage in her state and she can provide the necessary evidence to the SSA.
| Characteristics | Values |
|---|---|
| Common law marriage recognition | Common law marriage is recognized in less than half of the fifty states in the U.S. |
| Social Security recognition | The Social Security Administration (SSA) recognizes common-law marriage as valid if it is contracted in a state where it is recognized. |
| Benefits | Spousal, survivor, and death benefits are available to common-law spouses, as well as benefits from an ex-common law spouse. |
| Eligibility | Eligibility depends on the laws and regulations of the specific jurisdiction and the requirements of the Social Security system in place. |
| Evidence | Evidence of common-law marriage may include statements from both spouses and a blood relative of each. If a spouse is deceased, a statement from the surviving spouse and two blood relatives of the deceased may be required. |
| Same-sex common-law marriage | The question of Social Security benefits for same-sex common-law marriages is legally unsettled. |
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What You'll Learn
Common-law marriage recognition by the Social Security Administration
The recognition of common-law marriages by the Social Security Administration (SSA) is dependent on state law. The SSA follows state law to determine whether a couple has a valid common-law marriage.
Currently, there are ten states that recognize common-law marriages: Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, and Utah. The District of Columbia also recognizes common-law marriages. Sixteen more states previously recognized common-law marriages, and if a couple's common-law marriage was valid under the state's law at the time, Social Security will still recognize it. These states include Alabama, Georgia, Idaho, Ohio, and Pennsylvania.
For the SSA to recognize a common-law marriage, the couple must live in a state where common-law marriage is legal or did so when the marriage began. 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). The SSA may also seek corroborating evidence, such as mortgage or rent receipts, insurance policies, or bank records.
If a couple moves to a state that does not recognize common-law marriage after establishing their common-law marriage in a state that does, their new state of residence must still recognize their marriage. This means that they may still be eligible for Social Security benefits in their new state.
The Supreme Court's Obergefell ruling, which legalized same-sex marriage, has also been applied to same-sex couples in common-law marriages. However, the question of Social Security benefits for common-law marriages between same-sex partners is still legally unsettled.
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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 is a legal and informal type of marriage, meaning the married couple never had a formal wedding ceremony and never obtained a marriage license or marriage certificate.
The Social Security Administration (SSA) follows state law when determining whether people have a valid marriage. Social Security regulations list 10 states that currently recognize common-law marriage: Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, and Utah. The District of Columbia also recognizes common-law marriage, bringing the total to 11.
If you live in a state that does not recognize common-law marriage, you cannot get Social Security benefits. However, if you move to another state after establishing a common-law marriage in a state that allows them, the new state must recognize your marriage. This means that you may get Social Security survivors or spouses' benefits in any state, as long as your common-law marriage was created in a state that permitted it.
Common requirements for common-law marriage states include:
- Living together: There is no statutory requirement for the length of time a couple needs to live together, but generally, the longer a couple lives 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, usually meaning they must be at least 18 years old and of sound mind, and they cannot already be married to other people.
- Intent: Both partners must intend to be married.
- Behaving as a married couple: Both partners must hold themselves out to friends, family, and the public as being a married couple.
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Same-sex common-law marriage and Social Security benefits
In the United States, the Social Security Administration (SSA) recognises the marriages of same-sex couples in all states, as well as some non-marital legal relationships such as civil unions and domestic partnerships. This means that same-sex couples are entitled to the same Social Security benefits as opposite-sex couples, including retirement, disability, and survivor benefits.
However, the question of Social Security benefits for common-law marriages between same-sex partners is more legally complex. The SSA will only recognise a same-sex common-law marriage if it was established in a state that recognised common-law marriages in general. As of 2022, only nine states (plus Washington, D.C.) legally permit couples to establish new common-law marriages: Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, Texas, and Utah.
To be eligible for Social Security benefits based on a spouse's earnings record, a marriage must generally have lasted for a certain amount of time. For surviving spouse benefits, the couple must have been married for at least nine months before the spouse's death. For dependent spouse retirement benefits, the couple must have been married for at least one year. For divorced spouse benefits, the marriage must have lasted at least ten years for the spouse to be eligible for benefits on their ex-spouse's earnings record.
If a couple moves to another state after establishing a common-law marriage in a state that permits them, the new state must recognise the marriage. This means that they may receive Social Security survivors or spouses' benefits in any state, as long as their common-law marriage was created in a state that allowed it.
To prove a common-law marriage, both spouses must complete a "Statement of Marital Relationship" (form SSA-754) and provide an additional statement from a blood relative affirming the marriage (form SSA-753). Social Security may also seek corroborating evidence, such as mortgage or rent receipts, insurance policies, or bank records.
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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 without a marriage license or ceremony. However, it is only recognised in certain states, including Texas, Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Utah, and the District of Columbia.
If you live in a state that recognises common-law marriage, you may need to prove your marriage in a number of situations, such as when you are separating from your partner, trying to inherit property, or claiming insurance or social security benefits. Here are some ways to prove a common-law marriage:
- Complete the necessary Social Security paperwork: Both common-law spouses must complete a "Statement of Marital Relationship" (form SSA-754) and provide an additional statement from a blood relative affirming the marriage (form SSA-753).
- Provide affidavits: Affidavits are written statements sworn under oath. You can write a personal affidavit stating that you and your partner are married, including the date and location where you mutually agreed to become spouses. You can also provide affidavits from friends and family members who know you and your partner and are familiar with your relationship.
- Show evidence of cohabitation: If you live in a state that recognises common-law marriage, you may need to provide evidence that you and your partner live together and hold yourselves out in public as a married couple. This can include lease agreements, tax returns, insurance policies, mortgage or rent receipts, or bank records.
- Register with the county clerk: If you live in a state that allows common-law marriage, you may be able to register your marriage with the county clerk.
- Meet general marriage requirements: In most states, both spouses must be at least 18 years old (or have parental consent if younger), have the mental capacity to understand the commitment, and not be closely related or married to anyone else.
It's important to note that the requirements for proving a common-law marriage may vary depending on the state, so be sure to check the specific laws and requirements in your state. Additionally, if you move to a state that does not recognise common-law marriage, you will not be able to claim Social Security benefits based on that marriage.
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Common-law marriage and survivor benefits
In the United States, common-law marriages are recognized in only about half of the states. The recognition of common-law marriages varies from state to state, and the Social Security Administration (SSA) follows state law when determining whether a couple has a valid marriage.
If a couple establishes a valid common-law marriage in a state where it is legal, the SSA will recognize the marriage for the purpose of benefits even if they later move to a state that doesn't allow common-law marriages. To be eligible for benefits based on a common-law spouse's earnings, the couple must provide evidence of a valid common-law marriage. This includes statements from each spouse and a statement from a blood relative of each, if both spouses are alive. If one spouse is deceased, a statement from the surviving spouse and statements from two blood relatives of the deceased spouse are required. Other evidence, such as mortgage or rent receipts, insurance policies, or bank records, may also be considered.
It is important to note that the rules and requirements for common-law marriage vary across states. The Social Security website provides a state-by-state description of how each state treats common-law marriage. As of 2025, the following states recognize common-law marriage: Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia.
The children of common-law spouses who are both deceased may qualify for survivor benefits. They must provide an SSA-753 form from a blood relative of each parent. Additionally, the Supreme Court's Obergefell ruling, which legalized same-sex marriage, has been held to apply to common-law marriages as well, although the question of benefits for same-sex common-law marriages is still legally unsettled.
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Frequently asked questions
It depends on the state. The Social Security Administration (SSA) follows state law when determining whether people have a valid marriage. If the state where the marriage took place recognizes common-law marriages, then the SSA will also recognize it as valid.
The requirements for a common-law marriage to be considered valid vary from state to state. However, some general requirements include:
- Both parties must live together and hold themselves out to the public as husband and wife.
- There must be an agreement to marry, which cannot be terminated at will.
- The marriage must be entered into by the mutual consent of both parties.
A common-law wife may be eligible for the same Social Security benefits as a traditionally married wife, including spousal, survivor, and death benefits.
To prove a common-law marriage, both 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). If one spouse is deceased, the surviving spouse must provide their own statement and one from a blood relative, along with two statements from blood relatives of the deceased.
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