Common-Law Spouses And Their Social Security Benefits

Individuals in common law marriages may be eligible for Social Security benefits (spousal, survivor, and death benefits) based on their spouses' or former spouses' earnings record. However, this depends on whether the state in which they live recognises common-law marriage. If the state does recognise common-law marriage, then the Social Security Administration (SSA) will follow state law when determining whether people have a valid marriage. This means that individuals in common-law marriages may be eligible for Social Security benefits, as long as they can provide evidence to prove that they were in a valid common-law marriage.

Common law marriage and eligibility for Social Security benefits

Individuals who are or were in valid common-law marriages may be eligible for Social Security benefits (spousal, survivor, and death benefits) based on their spouses' or former spouses' earnings record. This is because the Social Security Administration (SSA) follows state law when determining whether people have a valid marriage. If your state recognises common-law marriage, you may be eligible to receive Social Security spousal or survivor benefits.

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.

In order 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. 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.

Moving to another state after establishing a common law marriage

If you move to another state after establishing a common law marriage, your new state of residence must recognise your marriage. This means that you may be eligible for 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 will need to provide evidence to the SSA to prove that you were in a valid common law marriage. This includes providing an SSA-753 form from a blood relative of each parent if you are the child of common-law spouses who are both deceased.

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.

Common law marriage and divorce

In the US, individuals who are or were in a valid common law marriage may be eligible for Social Security benefits (spousal, survivor, and death benefits) based on their spouses' or former spouses' earnings record. This is because the Social Security Administration (SSA) follows state law when determining whether people have a valid marriage.

If your state recognises common-law marriage, you may be eligible to receive Social Security spousal or survivor benefits. However, 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.

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. This is also the case for the children of common-law spouses who are both deceased and may qualify for survivor benefits. In applying, they must provide an SSA-753 form from a blood relative of each parent.

It's important to note that there is no such thing as a "common law divorce". This means that you and your spouse can't just announce that you are divorced and stay apart for a while. Your common law marriage—and divorce—must have been valid under your state's law, and you must otherwise qualify for the benefits.

Common law marriage and survivor benefits for children

If your state recognises common-law marriage, you may be eligible to receive Social Security spousal or survivor benefits. The Social Security benefits you receive as a common-law marriage couple include spousal benefits, survivor benefits and even benefits from an ex-common-law spouse.

If you established a valid common-law marriage in a state where that marriage was legally recognised, the SSA will recognise your marriage for the purpose of benefits even if you later moved to a state that doesn't allow common-law marriages. In order 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. If both spouses are alive, you'll need statements from each spouse affirming the marriage, as well as statements regarding the marriage from a blood relative of each spouse.

Recognition of common-law marriages established abroad varies by country and may require an opinion from Social Security’s legal office. If you are in such a relationship, contact Social Security to ask about your status. The children of common-law spouses who are both deceased may qualify for survivor benefits.

Common law marriage and Social Security benefits for same-sex couples

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.

However, 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.

In order 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. 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.

Frequently asked questions