Keith Mack
Common-law marriages are formed through the couple's actions and mutual agreement, without a marriage license or exchange of vows. While common-law marriages are recognized by all states, the requirements to establish one vary by state. Individuals in a valid common-law marriage may be eligible for spousal benefits, including Social Security and retirement benefits, as long as they meet the requirements to establish a common-law marriage in their state. This includes providing evidence, such as statements from each spouse and blood relatives, to prove the validity of the marriage.
| Characteristics | Values |
|---|---|
| Common law marriage recognition | Common law marriage is recognised by the Social Security Administration (SSA) and is considered valid under certain state laws. |
| Common law marriage requirements | Requirements vary by state but generally include cohabitation, sharing finances, and holding themselves out as a married couple to the world. |
| Evidence of common law marriage | Statements from both spouses affirming the marriage and statements from blood relatives of each spouse are required. Other evidence, such as court determinations, may also be considered. |
| Spousal benefits | Spouses in a common law marriage are entitled to the same spousal benefits as those in a traditional marriage, including Social Security benefits and retirement plans. |
| Divorce | Common law marriages cannot be dissolved through a "common law divorce". A normal divorce in state courts is required to legally end the marriage. |
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What You'll Learn
Common-law marriage and employer benefits
Common-law marriage is a legal marriage for all state and federal purposes. It is created by the acts of the spouses, without a marriage license or an exchange of vows. The requirements for establishing a common-law marriage vary by state, but generally include mutual consent, intent to marry, cohabitation, and holding oneself out to the world as married.
Individuals in a common-law marriage may be eligible for spousal benefits, such as Social Security and retirement plans, based on their spouse's or former spouse's earnings record. To claim these benefits, individuals must provide evidence, such as statements from each spouse affirming the marriage and proof that they held themselves out as a married couple.
Employers sponsoring health and welfare plans may not exclude common-law spouses from those plans and must adhere to the definition of "spouse" established by the state. Self-insured plans may choose to exclude common-law spouses, but they must clearly communicate this in their plan documents. Properly administering employee benefit plans requires employers to understand the rights and responsibilities of common-law spouses, which can vary by state.
In Canada, every province has its own human rights laws prohibiting discrimination on the basis of marital status and sexual orientation. Excluding common-law spouses from employee benefit plans would be considered a violation of these laws.
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Common-law marriage and inheritance
A common-law marriage is a type of legal marriage that does not require a license, witnesses, or an officiated ceremony. Instead, it is created by the acts and intentions of the spouses. Common-law marriages are recognized in only a few states, including Texas, Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Oklahoma, Rhode Island, South Carolina, Utah, and the District of Columbia.
In states that recognize common-law marriages, common-law spouses are generally afforded the same rights as those in a traditional marriage. This includes the right to inherit from their spouse's estate, whether or not there is a valid will in place. For example, in Texas, a common-law spouse has rights to community property, homestead rights, and exempt property. They may also be entitled to a family allowance during the estate administration process.
To establish a common-law marriage, couples must meet certain requirements, which vary by state. In Texas, for instance, the couple must live together, agree that they are married, and hold themselves out to others as a married couple. Evidence of a common-law marriage may include a signed declaration of informal marriage, joint tax returns, shared bank accounts, property records, and witness testimony from friends and family.
It is important to note that if a common-law marriage is not recognized in a particular state, the surviving spouse may not be entitled to any inheritance from their partner's estate. Therefore, it is crucial to understand the specific laws and requirements of the state in which the common-law marriage was established when considering inheritance and estate planning.
Additionally, individuals may need to provide evidence to prove the existence of a valid common-law marriage when claiming spousal benefits, such as Social Security or retirement plan benefits. This evidence may include statements from both spouses affirming the marriage, statements from blood relatives, court determinations, or other supporting documentation.
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Common-law marriage and spousal support
A common-law marriage is a legal marriage for all state and federal purposes. It is formed through the couple's actions and mutual agreement and does not require a marriage license or an exchange of vows. The Social Security Administration (SSA) recognizes a valid common-law marriage in the same way as a traditional marriage. This means that if you are in a common-law marriage, you are entitled to the same benefits as couples in a traditional marriage, including spousal benefits.
To be eligible for benefits based on your common-law spouse's earnings, you must establish that your common-law marriage is valid according to the laws of your state. The requirements for establishing a common-law marriage vary by state, but generally, both spouses must:
- Be free to marry and consider themselves married
- Live together as a married couple
- Hold themselves out to the world as married, such as by filing income taxes jointly and naming each other as spouses on official forms
If you can provide sufficient evidence to prove that you were in a valid common-law marriage, you may be eligible for Social Security benefits (spousal, survivor, and death benefits) based on your spouse's or former spouse's earnings record. This evidence can include statements from each spouse affirming the marriage, as well as statements from blood relatives of each spouse.
It is important to note that matters related to property division, spousal support, and child custody can become contentious in a common-law divorce, as your partner may attempt to disprove your rights as a spouse. Therefore, it is essential to understand the laws and requirements specific to your state and seek legal advice if needed.
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Common-law marriage and divorce
Common-law marriage is a legal marriage for all state and federal purposes. It is based on judicial precedent involving spousal rights or divorce. Common-law marriage doesn't require a marriage license or a ceremony. Instead, it is created by the acts of the spouses. For a couple to be considered married under common law, they must meet the requirements to establish a common-law marriage in their state. This includes living together, sharing responsibilities, and assuming spousal roles, such as filing joint tax returns or taking the other's last name.
In the US, only nine states currently recognize common-law marriage: Colorado, Iowa, Kansas, Oklahoma, Rhode Island, Texas, Utah, Montana, and New Hampshire. If a couple establishes a common-law marriage in a state that recognizes it, their marriage will be valid even if they move to a state that doesn't recognize such marriages. This is outlined in the Full Faith and Credit Clause of the US Constitution, which mandates that each state recognizes the "public acts, records, and judicial proceedings of every other state."
Individuals in a valid common-law marriage may be eligible for Social Security benefits (spousal, survivor, and death benefits) based on their spouse's or former spouse's earnings record. To claim these benefits, the spouse may have to prove the validity of the marriage. This proof may include statements from each spouse affirming the marriage, statements from blood relatives, or other evidence, such as court determinations.
To end a common-law marriage, a couple must go through a legal divorce, even if they move to a state that doesn't recognize common-law marriage. There is no such thing as a "common-law divorce," and the dissolution of a common-law marriage requires a divorce decree from a state court. This process is the same as for any other legal marriage.
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Common-law marriage and Social Security benefits
A common-law marriage is a legal marriage for all state and federal purposes, and it does not require a marriage license or an exchange of vows. Instead, it is created by the acts and mutual agreement of the spouses. While common-law marriage is recognized in all states, the requirements for establishing one vary among the few states that still recognize them.
Individuals in a valid common-law marriage may be eligible for Social Security benefits (spousal, survivor, and death benefits) based on their spouse's or former spouse's earnings record. The Social Security Administration (SSA) recognizes common-law marriages in the same way as traditional marriages, as long as the marriage is established according to the laws of the state.
To be eligible for benefits based on a common-law spouse's earnings, one must provide evidence to prove a valid common-law marriage. This can include statements from each spouse affirming the marriage, as well as statements from blood relatives of each spouse. Other evidence, such as financial records and testimonies from friends and family, may also be used to support the claim.
In the context of common-law marriage, spouses have the same inheritance rights as if they were formally married. They may also qualify for spousal retirement benefits, where one partner is eligible for a portion of the other's retirement benefits. However, a spouse cannot receive their own Social Security Disability Insurance (SSDI) payment and the full spousal benefit at the same time. Instead, they will receive a combination of both benefits, resulting in them receiving the higher of the two amounts.
It is important to note that there is no such thing as a "common-law divorce." Once a common-law marriage is established, the couple must go through a traditional divorce in their state's courts to legally end the marriage.
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Frequently asked questions
A common-law marriage is a legal marriage that doesn't require a marriage license or an exchange of vows. Instead, it is created by the actions of the spouses and is recognized by all states.
Yes, the Social Security Administration (SSA) recognizes common-law marriages. Both parties are entitled to the same benefits as a traditionally married couple, including spousal benefits.
Evidence requirements vary by state. However, generally, you will need to provide statements from each spouse affirming the marriage, as well as statements from blood relatives of each spouse. Other evidence may include financial records, testimonies from friends and family, and other documents that show your commitment to each other.
