
Common-law marriage is recognised as a valid marriage by the Social Security Administration (SSA), meaning common-law couples can claim the same benefits as traditionally married couples. These benefits include spousal, survivor, and ex-spouse benefits. However, the SSA will only acknowledge common-law marriages that were established in states that permit them. If you live in a state that does not recognise common-law marriage, you cannot claim Social Security benefits.
Characteristics | Values |
---|---|
Common-law marriage recognised by SSA? | Yes |
Common-law marriage recognised by SSI? | Yes |
Common-law marriage recognised by state? | Yes |
Common-law couple eligible for SSI? | Yes |
Common-law couple eligible for spousal benefits? | Yes |
Common-law couple eligible for survivor benefits? | Yes |
Common-law couple eligible for benefits from an ex-common law spouse? | Yes |
What You'll Learn
Common-law marriage and Social Security benefits
The Social Security Administration (SSA) considers a common-law marriage to be a valid marriage, and as such, a common-law couple can claim the same benefits as a couple who followed the "traditional" marriage route. This includes spousal benefits, survivor benefits, and even benefits from an ex-common-law spouse.
However, it's important to note that the SSA will only acknowledge common-law marriages that were established in states that permit them. If you live in a state that does not recognize common-law marriage, you cannot receive Social Security benefits based on that relationship.
To claim Social Security benefits as a common-law spouse, 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). If your common-law spouse has died and you are seeking survivor benefits, you must provide your own statement, one from a blood relative of yours, and two from blood relatives of the deceased. Social Security may also seek corroborating evidence that the couple considered themselves spouses, such as mortgage or rent receipts, insurance policies, or bank records.
Additionally, 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 you may receive 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 even be eligible for dependents' or survivors' benefits as a divorced common-law spouse.
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Common-law marriage and SSI
The Social Security Administration (SSA) considers a common-law marriage to be a valid marriage, and as such, a common-law couple can claim the same benefits as a couple who followed the "traditional" marriage route. This includes spousal benefits, survivor benefits and benefits from an ex-common law spouse.
However, the SSA will only acknowledge common-law marriages that were established in states that permit them. If you live in a state that does not recognise common-law marriage, you will not be able to claim Social Security 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.
To claim Social Security benefits as a common-law couple, 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). If your common-law spouse has died and you are seeking survivor benefits, you must provide your own statement, one from a blood relative of yours and two from blood relatives of the deceased. Social Security may seek corroborating evidence that the couple considered themselves spouses, such as mortgage or rent receipts, insurance policies or bank records.
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Common-law marriage and survivor benefits
According to the SSA, a common-law marriage is a valid marriage. This means that a common-law couple will be able to claim the same benefits as a couple who followed the “traditional” marriage route. 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.
However, there is a catch: meeting the requirements of a common-law marriage. Many people incorrectly assume that a common-law marriage is sealed after a certain time period of living together, but it’s not always so simple. The Social Security Act defines the rules for determining marital relationships for SSI recipients. Appropriate state law is applied in determining whether a man and a woman are married, except that if a man and woman have been considered as husband and wife for purposes of Social Security benefits, they are also considered married for purposes of SSI.
If you live in a state that does not recognise common-law marriage, you will not be able to claim Social Security benefits. The Social Security regulations list 10 states that currently recognise common-law marriage: Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas and Utah.
If you are seeking survivor benefits, you must provide your own statement, one from a blood relative of yours and two from blood relatives of the deceased. Social Security may seek corroborating evidence that the couple consider (or considered) themselves spouses, such as mortgage or rent receipts, insurance policies or bank records.
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Common-law marriage and spousal benefits
The Social Security Administration (SSA) considers a common-law marriage to be a valid marriage. This means that a common-law couple can claim the same benefits as a couple who followed the "traditional" marriage route. These benefits include spousal benefits, survivor benefits and even benefits from an ex-common law spouse.
However, the SSA will only acknowledge common-law marriages that were established in states that permit them. If you live in a state that does not recognise common-law marriage, you will not be eligible for Social Security 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.
To claim benefits, 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). If your common-law spouse has died and you are seeking survivor benefits, you must provide your own statement, one from a blood relative of yours and two from blood relatives of the deceased. Social Security may seek corroborating evidence that the couple consider (or considered) themselves spouses, such as mortgage or rent receipts, insurance policies or bank records.
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Common-law marriage and state recognition
Common-law marriage is a valid marriage according to the Social Security Administration (SSA), and common-law couples can claim the same benefits as traditionally married couples. This includes spousal benefits, survivor benefits and benefits from an ex-common law spouse.
However, the SSA will only acknowledge common-law marriages that were established in states that permit them. If you live in a state that does not recognise common-law marriage, you cannot claim Social Security benefits. If you move to another state after establishing 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 claim Social Security benefits, 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). If your common-law spouse has died and you are seeking survivor benefits, you must provide your own statement, one from a blood relative of yours and two from blood relatives of the deceased. Social Security may seek corroborating evidence that the couple consider (or considered) themselves spouses, such as mortgage or rent receipts, insurance policies or bank records.
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Frequently asked questions
Yes, a common-law wife can receive SSI. The Social Security Administration considers a common-law marriage to be a valid marriage.
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:). The marriage must also be recognised by the state.
A common-law wife can receive the same benefits as a traditionally married wife, including spousal benefits, survivor benefits and benefits from an ex-common law spouse.
If the common-law marriage is not recognised by the state, then the couple will not be eligible for Social Security benefits.
Yes, a common-law wife can receive survivor benefits if her spouse has died, as long as the marriage was recognised by the state.