Social Security Benefits: Common-Law Spouse Eligibility

If you are in a common-law marriage, you may be eligible to collect social security from your common-law husband, but it depends on a few factors. Firstly, you must live in a state where common-law marriage is legally recognized, and you must be able to provide evidence of your common-law marriage to Social Security. This can include signed statements from both you and your husband, as well as from blood relatives or other individuals who can attest to your marriage. It's important to note that Medicare eligibility may not work the same way for common-law spouses as it does for formally married spouses.

Common-law marriage recognition by state

In the United States, common-law marriage is a form of irregular marriage that is currently recognised in seven states, the District of Columbia, and some provisions of military law. Two other states also recognise domestic common-law marriage after the fact for limited purposes. The term common-law marriage is often used to refer to cohabiting couples, regardless of the legal rights they may or may not have.

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. The status of common-law marriage in Utah is not entirely clear, with conflicting information from government and legal websites.

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. These include Alabama, Florida, Georgia, Indiana, Ohio, and Pennsylvania.

The requirements for common-law marriage vary from state to state and may change over time. Basic requirements include being old enough to get married (usually 18 years old), having the mental capacity to marry, and proving that the relationship meets the criteria for common-law marriage. Some states require public recognition of the existence of the marriage, consummation, and parental consent if the individuals are under 18.

In terms of social security benefits, it is important to note that eligibility may differ for common-law spouses compared to formally married spouses. While common-law marriage may be recognised in certain states, it is important to consult official government sources and legal professionals for specific guidance on social security benefits and other legal rights associated with common-law marriage in each state.

Evidence of common-law marriage

Common-law marriage is a unique legal concept where a marriage is considered valid under certain state laws even though there was no formal ceremony. While common law marriage has fallen out of favour in the United States, and most states no longer allow it, some states, including Colorado and Texas, still recognise it for all purposes.

The exact evidence you'll need to prove a common-law marriage will depend on your state's laws. However, some examples of evidence that may help to prove a valid common-law marriage include:

• An agreement or other official document signed by both partners declaring your intention to marry
• Deeds showing title to property held jointly by both parties
• Bank statements and checks showing joint ownership of accounts
• Loan documents, leases, mortgages, and promissory notes that show joint financial obligations
• Credit card accounts in the names of both spouses
• Driver's license or Social Security number card that shows a name change that matches your spouse's name
• Friend and family affidavits: Affidavits from people who know you and your partner and are familiar with your relationship will be helpful to prove your common-law marriage.

Preferred evidence of a common-law marriage is:

• If both the husband and wife are alive, their signed statements and those of two blood relatives;
• If either has passed away, the signed statements of the living spouse and two blood relatives of the deceased;
• If both are deceased, the signed statements of one blood relative from each side.

Medicare eligibility for common-law spouses

Medicare coverage only includes individuals and does not extend to spouses or dependents. However, a common-law spouse can qualify for Medicare based on their spouse's work record. This is applicable if the spouse is eligible for Social Security benefits, and the couple has been married for at least a year. In the case of divorce, the former spouse must be eligible for Social Security benefits for their work record to be used. Additionally, if the spouse of a Medicare plan holder has a disability, they may qualify for Medicare at a younger age.

It is important to note that Medicare eligibility does not work the same for domestic partners or common-law spouses as it does for formally married spouses. When it comes to common-law marriages, specific guidelines and requirements vary by state, and it is always advisable to consult official sources or legal professionals for accurate and up-to-date information.

If the common-law spouse does not meet the eligibility requirements for Medicare based on their spouse's work record, there are alternative options to consider. One option is to explore the possibility of continuing coverage under the spouse's employer-funded health insurance plan, as long as the spouse is still employed and the insurance plan allows for spousal coverage. This can provide temporary coverage until the spouse becomes eligible for Medicare.

In some cases, the younger spouse may opt to maintain their group health insurance coverage through the Consolidated Omnibus Budget Reconciliation Act (COBRA). COBRA allows individuals to continue their existing health insurance coverage beyond the end of employment or an employer's healthcare plan. It is important to note that under COBRA, the spouse will be responsible for paying the entire premium to retain their health insurance coverage.

Social security recognition of common-law marriage

Whether or not you can collect social security from your common-law husband depends on whether your state recognizes common-law marriage. If your state recognizes common-law marriage, you may be eligible to receive Social Security spousal or survivor benefits. 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.

If your common-law marriage began when the practice was still legal in your state and it met that state's criteria, Social Security will affirm it. In most of those states, the question is largely academic, as 11 states stopped recognizing common-law marriages more than 50 years ago. The issue may be more pertinent if you were common-law married in Alabama (where the practice was outlawed in 2017), Georgia (1997), Idaho (1996), Ohio (1991), or Pennsylvania (2005).

Once you've cleared the state hurdle, it's mainly a matter of 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). 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.

It's important to note that the recognition of common-law marriage by the Social Security Administration is not solely dependent on state recognition. The Social Security Act, specifically Section 1614(d)(2), states that if a state recognizes a common-law relationship between a man and a woman as a valid marriage, the Federal Government will accept this in determining that they are husband and wife. However, if a state does not recognize common-law marriage, the Social Security Administration must look at other factors to determine whether a couple is considered husband and wife for the purposes of Social Security benefits.

Accessing social security for common-law spouses

Social Security benefits are a valuable resource for many couples, but what about those who are in a common-law marriage? Is it possible for a person to collect Social Security from their common-law husband? The answer is: it depends.

Firstly, it is important to understand what constitutes a common-law marriage. While the specific requirements may vary by jurisdiction, a common-law marriage typically refers to an informal marriage based on long-term cohabitation and a mutually agreed-upon commitment between two people. In the context of Social Security benefits, the Social Security Administration (SSA) has outlined certain criteria that must be met to recognize a common-law marriage.

To access Social Security benefits based on a common-law marriage, the couple must live in (or have lived in) a state that legally recognizes common-law marriages. Currently, only a handful of states and jurisdictions in the US recognize common-law marriages. These include:

• Texas
• Utah
• Colorado
• Kansas
• Montana
• Iowa

If a couple resides in one of these states, or their common-law marriage began while living in one of these states, they may be eligible for Social Security benefits. However, it is essential to note that each state has specific requirements to validate a common-law marriage, and these requirements must be met before the SSA will recognize the union.

To prove a common-law marriage, the SSA typically requires signed statements from both spouses, as well as from two blood relatives. If one spouse is deceased, then the living spouse's statement, along with those of two blood relatives of the deceased, may be accepted. In cases where both spouses are deceased, the SSA will accept statements from one blood relative of each spouse. These statements should include explanations of why the signers believe the couple considered themselves married. If blood relatives are unavailable, statements from other individuals may be considered.

In summary, while it is possible for a person to collect Social Security benefits from their common-law husband, it depends on the state in which they live and their ability to provide sufficient evidence of their marriage. It is always advisable to consult with the SSA directly to understand the specific requirements and eligibility for benefits in your particular situation.

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