Cameron Miranda
The U.S. Department of Veterans Affairs (VA) recognizes common-law marriages, but only if the marriage is lawful in the state where the couple resides or was married. If the state recognizes common-law marriage, the VA will too, provided the couple meets the state's requirements. In states that do not recognize common-law marriage, the spouse may still qualify for DIC benefits if they were unaware of the existence of the legal impediment at the time of the veteran's death.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage by the VA | Yes, if the marriage is lawful in the state where the couple married |
| Recognition of same-sex common-law marriage by the VA | Yes, if the marriage is lawful in the state where the couple married |
| Recognition of common-law marriage by the VA for VA loans | Yes, if the couple is buying in a state that recognizes common-law marriage and the couple meets the state's requirements |
| Recognition of common-law marriage by the VA for DIC benefits | Yes, if the couple is in a state that recognizes common-law marriage and meets the requirements, or if the VA determines a "deemed valid marriage" |
| Recognition of common-law marriage by the VA for Post-9/11 GI Bill benefits | Yes, if all other eligibility requirements are met |
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What You'll Learn
Common-law marriage recognition by the VA
The Department of Veterans Affairs (VA) recognizes common-law marriages and will consider the spouse for benefits. However, this recognition is contingent on the couple meeting the requirements of common-law marriage in a state that recognizes such unions. The VA defers to state law in determining whether a couple is considered married.
For VA benefit and service purposes, the VA will only recognize marriages that are recognized as such under state law. If a veteran indicates that their same-sex marriage is a common-law marriage, claims processors must determine whether the relationship meets the standards of a common-law marriage. The VA will recognize a common-law marriage if the veteran's state of residence recognizes it and the state's requirements are fulfilled.
The VA and VA home loan lenders can also recognize common-law marriages for home loan purposes, provided the couple is buying in a state that recognizes such marriages and they meet the state's requirements. The VA accepts the word of the service member when they claim to be married, but in some cases, they may request proof of marriage, such as a marriage certificate.
To add a spouse from a common-law marriage as a dependent, a veteran must fill out specific VA forms, including VA Form 21-686c, Declaration of Status of Dependents, and two VA Forms 21-4170, one each for the claimant and the spouse.
In states that do not recognize common-law marriage, a spouse claimant may still qualify for DIC benefits if the VA Rater determines that the claimant was unaware of the impediment to the marriage and satisfies the other requirements of a deemed valid marriage.
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State recognition of common-law marriage
The recognition of common-law marriages varies across different US states. As of 2022, common-law marriages are recognised in Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah and New Hampshire have limited recognition of common-law marriage. Other states that recognise common-law marriages include Alabama, Florida, Georgia, Indiana, Ohio, and Pennsylvania, however, these recognitions are limited to marriages created before a certain date. For example, Alabama recognises common-law marriages created before 1 January 2017, while Ohio recognises those created before 10 October 1991.
Some states have abolished common-law marriage but still recognise common-law marriages if they began before a certain date or for a specific purpose. For instance, Utah will only recognise a non-matrimonial relationship as a marriage if it has been validated by a court or administrative order. The court order must establish that the couple meets certain requirements, such as being of legal age, having cohabited, and holding themselves out as a married couple.
The recognition of common-law marriages can have significant implications for individuals, particularly when it comes to accessing benefits and legal rights typically available to married couples. In the context of VA benefits, the VA will recognise common-law marriages if the state in which the veteran resides recognises such marriages and if the state's requirements for common-law marriage are met. This means that a veteran in a state that recognises common-law marriage may be eligible for VA benefits for their spouse, even if they do not have a marriage certificate.
It is important to note that the laws and requirements surrounding common-law marriage can vary across states, and individuals should seek legal advice if they are uncertain about their marital status or their eligibility for benefits.
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VA benefits for same-sex common-law marriages
The US Department of Veterans Affairs (VA) recognizes traditional, covenant, and common-law marriages, including same-sex common-law marriages. However, it is important to note that common-law marriages are not legally recognized in all states.
For VA benefits and services, the VA will only recognize marriages that are recognized as such under the relevant state law. If a veteran indicates that their same-sex marriage is a common-law marriage, claims processors will determine whether the relationship qualifies as a common-law marriage under the standards applicable to all common-law marriages. The VA will require the same evidence for claims and applications involving same-sex marriages as it does for opposite-sex marriages. Generally, the VA will accept a claimant's assertion that they are married as sufficient evidence for the purpose of VA benefits and services. However, the VA may investigate further if an assertion appears unreliable and will not treat assertions regarding same-sex marriages differently from those regarding opposite-sex marriages.
The VA is in the process of updating all forms that request marital status and dependent information to clarify that same-sex married couples and their dependents are eligible for benefits. This includes replacing references to "husband" or "wife" with "spouse" and providing appropriate references to children of same-sex marriages. In the meantime, individuals may use existing forms to apply for benefits.
To summarize, same-sex common-law marriages are recognized by the VA, provided they are recognized as valid under the relevant state law. The VA will treat all married couples the same, regardless of gender, for burial and memorial benefits.
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Adding a common-law wife as a dependent
The U.S. Department of Veterans Affairs (VA) recognizes traditional, covenant, and common-law marriages if the marriage is considered lawful in the state where the couple married and resides. Common-law marriages are not recognized in all states, and each state has its own requirements for what constitutes a common-law marriage. For example, Texas recognizes common-law marriages if the couple can demonstrate that they agreed to be married, resided together in Texas as husband and wife, and represented themselves to others as married.
To add a common-law wife as a dependent, you must meet the VA's definition of a dependent. A dependent is typically a qualifying child or relative who relies on you for financial support and meets specific requirements. These requirements include being a U.S. citizen, resident alien, or national, or a resident of Canada or Mexico. Additionally, you cannot claim a dependent who is also claiming dependents on their own tax return.
If your common-law marriage meets the requirements of the state in which you reside, you can proceed to add your common-law wife as a dependent. You may need to provide proof of your marriage, such as a marriage certificate, if the VA questions the validity of your marriage. It is important to note that once the VA has recognized your marriage for one benefit, it will typically recognize it for other benefits unless there is a factual change in marital status, such as divorce or separation.
For tax purposes, claiming your common-law wife as a dependent may entitle you to claim a dependency exemption. This permits you to deduct a certain amount from your taxable income. To claim your common-law wife as a dependent on your federal tax return, you must demonstrate that no other person has claimed her as a dependent, and she must have lived with you for the entire tax year for which you are claiming the deduction.
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VA loans for common-law marriages
Common-law marriages are recognized by the U.S. Department of Veterans Affairs (VA) if the marriage is considered lawful in the state where the couple got married. This means that the VA and VA home loan lenders can recognize common-law marriages for home loan purposes, provided the property is located in a state that recognizes common-law marriage, and you and your spouse meet the state's requirements.
The recognition of common-law marriage varies from state to state. Only about a dozen states continue to recognize new common-law marriages, while a few states that have outlawed new common-law marriages still recognize older ones. The requirements for what constitutes a common-law marriage also differ by state. For instance, couples who live together for seven years do not automatically become common-law spouses. It is important to check with the applicable state office or consult an attorney for more information about common-law marriage requirements and guidelines.
The VA will recognize a common-law marriage if the state in which the veteran resides recognizes common-law marriage, and the state's requirements for a common-law marriage are met. The VA will treat all married couples the same, regardless of the sex of the spouses. Generally, the VA accepts the word of the service member when they claim to be married. If the VA questions the validity of the marriage, they may ask for proof of the marriage, such as a marriage certificate.
VA loans with multiple applicants, including co-signers and co-borrowers, are available. Co-signers do not hold ownership and must be qualified military members or spouses. Co-borrowers, on the other hand, must live in the home and meet the financial guidelines. The VA typically allows a maximum of four borrowers on any loan. It is important to note that if the co-signer is not a spouse or an eligible veteran, it is best to look into a joint VA loan, which may require a down payment.
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Frequently asked questions
Yes, a common-law wife can get VA benefits, but only if the veteran's state of residence recognizes common-law marriage and the state's requirements for a common-law marriage are met. Traditional, covenant, and common-law marriages are recognized by the VA if they are considered lawful in the state where the couple married.
The requirements for a common-law marriage vary from state to state. For example, in Texas, a common-law marriage may be proved by evidence that the couple has rent leases together or has children together. In Alabama, common-law marriages are recognized if they were created before January 1, 2017.
To add a spouse from a common-law marriage as a dependent, you must fill out VA Form 21-686c, Declaration of Status of Dependents. You will also need to provide two VA Forms 21-4170, one completed by the claimant and the other by the spouse.
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