Common-Law Spouses: Eligibility For Social Security Benefits

Common-law spouses may be eligible for Social Security benefits, including spousal, survivor, and death benefits, but this depends on a number of factors. These include whether the state they live in recognises common-law marriage, whether the common-law marriage was valid under state law, and whether the individual can provide evidence of the marriage.

Common-law marriage recognition by state

If your state recognises common-law marriage, you may be eligible to receive Social Security spousal or survivor benefits. The Social Security Administration (SSA) follows state law when determining whether people have a valid marriage. This means that if you move to another state after you've already established a common-law marriage in a state that allows them, the state where you're living now must recognise your marriage.

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. Each state has different requirements for a long-term relationship to qualify as common law. For example, in Colorado, common-law marriage requires cohabitation, mutual agreement, and public representation as married. In Iowa, it's intended to support dependents but isn't otherwise banned. In Kansas, couples must be mentally capable of committing, must be 18 or older to marry, and must represent themselves as married in the community. In Montana, common-law marriage isn't prohibited and it's not invalidated by the state's marriage chapter. In New Hampshire, the state's statute uses the term "cohabitation" rather than "common-law marriage".

To be eligible for benefits based on your common-law spouse's earnings, you'll need to provide SSA with evidence to prove that you were in a valid common-law marriage.

Spousal benefits

To be eligible for benefits based on your common-law spouse's earnings, you'll need to provide evidence to the SSA that you were in a valid common-law marriage. This includes meeting the requirements to establish a common-law marriage in your state. The children of common-law spouses who are both deceased may also qualify for survivor benefits.

Survivor benefits

If your state recognises common-law marriage, you may be eligible to receive Social Security spousal or survivor benefits. This is because the Social Security Administration (SSA) follows state law when determining whether people have a valid marriage.

To be eligible for benefits based on your common-law spouse's earnings, you'll need to provide the SSA with evidence to prove that you were in a valid common-law marriage. This includes meeting the requirements to establish a common-law marriage in your state.

If you move to another state after you've already established a common-law marriage in a state that allows them, the state where you're living now must recognise 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.

The children of common-law spouses who are both deceased may qualify for survivor benefits. In applying, they must provide an SSA-753 form from a blood relative of each parent. The question of Social Security benefits for common-law marriages between same-sex partners is legally unsettled. The Supreme Court's landmark Obergefell ruling required states to issue marriage licenses to same-sex couples, but it did not specifically address common-law marriages.

Death benefits

If your state recognises common-law marriage, you may be eligible to receive Social Security spousal or survivor benefits. This is because the Social Security Administration (SSA) follows state law when determining whether people have a valid marriage. You will need to provide evidence to prove that you were in a valid common-law marriage.

If you move to another state after you've already established a common-law marriage in a state that allows them, the state where you're living now must recognise 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. You may be eligible for dependents' or survivors' benefits as a divorced common-law spouse. Your common-law marriage and divorce must have been valid under your state's law, and you must otherwise qualify for the benefits.

The children of common-law spouses who are both deceased may qualify for survivor benefits. In applying, they must provide an SSA-753 form from a blood relative of each parent. The question of Social Security benefits for common-law marriages between same-sex partners is legally unsettled. The Supreme Court's landmark Obergefell ruling required states to issue marriage licenses to same-sex couples; it did not specifically address common-law marriages.

Paperwork and evidence requirements

To receive Social Security benefits based on your common-law spouse's earnings, you must provide the Social Security Administration (SSA) with evidence that you were in a valid common-law marriage. This is because the SSA follows state law when determining whether people have a valid marriage.

If you move to another state after establishing a common-law marriage in a state that allows them, the new state must recognise 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.

To be eligible for benefits, your common-law marriage must have been valid under your state's law, and you must otherwise qualify for the benefits. There is no such thing as a "common-law divorce", so you and your spouse can't just announce that you are divorced and stay apart for a while.

The children of common-law spouses who are both deceased may qualify for survivor benefits. In applying, they must provide an SSA-753 form from a blood relative of each parent. The question of Social Security benefits for common-law marriages between same-sex partners is legally unsettled. The Supreme Court's landmark Obergefell ruling required states to issue marriage licenses to same-sex couples, but it did not specifically address common-law marriages.

Frequently asked questions