Kara Sears
Social Security benefits are a crucial part of retirement income for millions of Americans. In the US, common-law marriage is recognized in 10 states: Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, and Utah. The District of Columbia also recognizes common-law marriage. If a couple lives in a state where common-law marriage is legal, they can access the same spousal and survivor benefits as a couple with a marriage license. However, they must complete a Statement of Marital Relationship and provide additional statements from blood relatives affirming the marriage. If a common-law spouse has died, the surviving spouse must provide their statement and statements from blood relatives of both spouses. This article will explore the process of obtaining Social Security benefits for common-law spouses, including the required paperwork and evidence of their relationship.
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What You'll Learn
Common-law marriage recognition
In the United States, Social Security benefits are a crucial part of retirement income for millions of Americans. To be eligible for these benefits, individuals must have enough Social Security credits. If an individual does not have enough credits, they may still be able to receive benefits as a spouse. However, for this to be possible, the spouse must be receiving benefits themselves.
In the case of common-law marriages, Social Security recognition depends on the state. Currently, ten states and the District of Columbia recognize common-law marriages: Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, and Utah. If a couple lives in a state that recognizes common-law marriage, they must complete specific paperwork and provide evidence to Social Security to prove their relationship. This includes a "Statement of Marital Relationship" (form SSA-754) and a statement from a blood relative (form SSA-753). Social Security may also request additional evidence, such as mortgage or rent receipts, insurance policies, or bank records.
It is important to note that the rules and criteria for establishing a common-law marriage vary widely from state to state, and some states have different requirements for what constitutes a common-law marriage. Additionally, recognition of common-law marriages established abroad varies by country and may require an opinion from the Social Security legal office.
The children of common-law spouses who are both deceased may qualify for survivor benefits. They must provide an SSA-753 form from a blood relative of each parent. However, the question of Social Security benefits for same-sex common-law marriages is legally unsettled, as the Obergefell ruling did not specifically address this issue.
Overall, while it is possible to collect Social Security benefits as a common-law spouse, it depends on the state of residence and the ability to provide sufficient evidence to prove the marriage.
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Social Security paperwork
If you are referring to your own Social Security benefits, you can create a mySocial Security account online, which will allow you to verify and, if necessary, update your earnings record, as well as manage other aspects of your benefits. This can be done on the official Social Security Administration website.
If you are referring to your common-law spouse's benefits, it is important to note that, in general, you cannot claim benefits based on another person's work record unless you are married to that person. In the case of common-law spouses, the rules vary depending on the state. Some states recognize common-law marriages, while others do not. Even in states that recognize common-law marriages, there are specific requirements that must be met, such as cohabitation and holding yourselves out as spouses to the public.
If your state recognizes your common-law marriage, you may be eligible for Social Security spousal benefits based on your spouse's work record. To apply for spousal benefits, you will need to complete and submit relevant forms provided by the Social Security Administration.
Along with the completed form, you will need to provide documentation to prove your common-law marriage. This may include, but is not limited to, documents such as a lease or mortgage agreement showing that you live together, joint bank account statements, birth certificates of any children you have together, or affidavits from family and friends attesting to your relationship. Additionally, you will need to provide your spouse's Social Security information and proof of their age, citizenship, and income.
It is important to note that the requirements for common-law marriage and Social Security spousal benefits may vary depending on your specific circumstances and your state's laws. Therefore, it is always recommended to consult with an expert or a Social Security representative to ensure that you have the most accurate and up-to-date information.
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Survivor benefits
If a couple lives in a state that recognizes common-law marriages, they must then complete the necessary Social Security paperwork. Both common-law spouses must complete a "Statement of Marital Relationship" (form SSA-754) and provide a statement from a blood relative affirming the marriage (form SSA-753). If the common-law spouse has passed away and the survivor is seeking benefits, the surviving spouse must provide their own statement, a statement from one of their blood relatives, and two statements from blood relatives of the deceased. Social Security may also require additional evidence, such as mortgage or rent receipts, insurance policies, or bank records, to prove that the couple considered themselves spouses.
It is important to note that the eligibility for survivor benefits may vary depending on individual circumstances. For example, ex-spouses who were married for at least 10 years may be eligible, and there are also provisions for divorced common-law spouses. Additionally, the children of common-law spouses who are both deceased may qualify for survivor benefits by providing the necessary forms and statements from blood relatives.
Overall, while common-law spouses can be eligible for survivor benefits, it is subject to meeting the specific criteria and conditions set by Social Security and the laws of the state in which the couple resides or previously resided.
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Same-sex common-law marriages
The question of Social Security benefits for common-law marriages between same-sex partners is legally complex. The Social Security Administration (SSA) follows state law when determining whether people have a valid marriage. As of 2022, only nine states (plus Washington, D.C.) legally permit couples to establish new common-law marriages. These are Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, and Texas.
The U.S. Supreme Court's 2015 Obergefell v. Hodges decision established a nationwide right for same-sex couples to marry and required states to issue marriage licenses to them. This decision was held to apply to common-law marriages, and several courts have since ruled that same-sex couples are entitled to have their valid common-law marriages recognized. However, the Obergefell decision did not specifically address the rights of same-sex couples in common-law marriages.
For those in a same-sex common-law marriage, the SSA will only recognize the union if it was established in a state that recognized common-law marriage in general. This means that if you live in a state that does not recognize common-law marriage, you cannot claim Social Security benefits based on your common-law spouse's earnings record.
To be eligible for Social Security benefits based on your spouse's earnings record, your marriage generally must have lasted a certain amount of time. For surviving spouse benefits, you must have been married for at least nine months before your spouse died. For dependent spouse retirement benefits, you must have been married for at least one year. For divorced spouse benefits, your former marriage must have lasted at least ten years.
If you are in a same-sex common-law marriage, you will need to provide the same evidence of a common-law marriage as opposite-sex couples to be eligible for Social Security benefits. This is because, while some things that courts traditionally considered as evidence of a common-law marriage may not be available for gay couples who entered committed relationships when same-sex marriage was illegal, it is not impossible to provide other evidence. This may include how long you and your partner were together, whether you owned property or raised children together, and whether you took steps to have the partnership formally recognized. The SSA will consider "all available evidence" to determine benefit eligibility for LGBTQ survivors who could not marry in their home states.
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Medicare eligibility
To establish Medicare eligibility for common-law spouses, certain documentation is required. Both spouses must complete a "Statement of Marital Relationship" (form SSA-754) and provide an additional statement from a blood relative confirming the marriage (form SSA-753). Social Security may also request corroborating evidence, such as mortgage or rent receipts, insurance policies, or bank records, to support the claim of a common-law marriage.
It is important to note that the eligibility criteria for Medicare benefits can be complex and may vary depending on individual circumstances. Additionally, the laws and regulations regarding common-law marriage and Medicare eligibility may change over time. Therefore, it is always advisable to consult official government sources or seek legal advice for the most up-to-date and accurate information regarding Medicare eligibility for common-law spouses.
In terms of Social Security benefits, these are also dependent on a few factors. To be eligible for spousal benefits, an individual's spouse must be receiving benefits, and the individual must not have enough Social Security credits or their benefit amount must be small. If these criteria are met, the individual may be able to receive up to half of their spouse's Social Security benefit amount. It is important to note that applying for spousal benefits before reaching full retirement age will result in a permanent reduction in the benefit amount.
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Frequently asked questions
A common-law marriage is a marriage considered valid under state laws, even though there was no formal ceremony. It is a marriage between two persons who are free to marry, consider themselves married, live together as a married couple, and meet other state requirements.
To collect social security benefits as a common-law spouse, you must live in a state that recognizes common-law marriage. Both common-law spouses must complete a "Statement of Marital Relationship" and provide a statement from a blood relative affirming the marriage. If your common-law spouse has passed away, you must provide your statement, one from your blood relative, and two from blood relatives of the deceased. You may also need to provide other evidence that you consider yourself a spouse, such as mortgage or rent receipts, insurance policies, or bank records.
If you don't have enough social security credits to receive benefits based on your work record, you may be able to receive benefits as a spouse. Your benefit could be up to half the amount your spouse is eligible to receive at their full retirement age.
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