Kara Sears
In the US, individuals in a common-law marriage may be eligible for Social Security benefits, including spousal, survivor, and death benefits, as long as their union is considered valid under state law. The Social Security Administration (SSA) requires evidence to prove a common-law marriage, such as mortgage receipts, bank records, and insurance policies, in addition to completed forms by both spouses and a blood relative of each spouse. While some states do not recognize common-law marriages, if a couple established their union in a state that does, they may still receive Social Security benefits even if they move to a state that does not recognize such marriages.
| Characteristics | Values |
|---|---|
| Social Security recognition of common-law marriage | The Social Security Administration (SSA) recognizes a valid common-law marriage in the same way as a traditional marriage. |
| Requirements for recognition | The marriage must be established according to the laws of the state in which the couple lives. The couple must file the appropriate paperwork, including the form SSA-754 Statement of Marital Relationship. |
| Additional requirements | Each spouse must provide a blood relative to complete and submit the form SSA-753 Statement Regarding Marriage. |
| Evidence | Evidence of a common-law marriage may include mortgage/rent receipts, bank records, insurance policies, etc. |
| Spousal benefits | Spouses cannot receive their own SSDI benefit and a full spousal benefit at the same time, though they can receive a combination of the two that is effectively the same as receiving the highest one they’re eligible for. |
| State recognition | 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. |
| Previous state recognition | Sixteen more states previously recognized common-law marriage. If a couple's common-law marriage began when the practice was legal in their state, Social Security will affirm it. |
| Same-sex common-law marriage | The Supreme Court's Obergefell ruling required states to issue marriage licenses to same-sex couples, but it did not specifically address common-law marriages. Several courts have held that Obergefell applies to same-sex couples with valid common-law marriages before 2015. |
Explore related products
![Medicare and Social Security: [5 in 1] Maximize Your Retirement Benefits, Secure Medical Coverage and Quality Healthcare | Proven Strategies to Protect Your Financial Future Avoiding Costly Mistakes](https://m.media-amazon.com/images/I/71sRJGiWeQL._AC_UY218_.jpg)
What You'll Learn
Common-law marriage requirements
Common-law marriage, also known as non-ceremonial marriage, is a marriage that results from the parties' agreement to consider themselves married, followed by cohabitation, rather than through a statutorily defined process. Common-law marriages are not permitted in all jurisdictions, but those that do not permit them will typically respect the validity of such marriages lawfully entered in another state or country.
In the United States, common-law marriage has existed since colonial times, and it is still recognized in some states and the District of Columbia. The Social Security Administration (SSA) follows state law when determining whether people have a valid marriage. This means that if you live in a state that does not recognize common-law marriages, you cannot establish one, but if you move to another state after establishing a common-law marriage in a state that allows them, your new state of residence must recognize your marriage.
To have a valid common-law marriage, you must generally meet the following requirements:
- You and your partner established your life together as a married couple while living in a state that recognizes common-law marriage.
- You had the legal capacity to get married (e.g., being old enough and not already being married to someone else). The legal age to marry varies but is usually 18 years old.
- Both partners intend to be married and behave as a married couple, holding yourselves out as a married couple to friends, family, and the public.
- You took actions that demonstrated your intention to be married, such as living together, sharing income and expenses, and owning property together.
If you have a valid common-law marriage, the SSA will require additional documentation to establish your marriage, including completed forms and evidence such as mortgage/rent receipts, bank records, and insurance policies. Once your common-law marriage is established with the SSA, you and your spouse are entitled to the same benefits as couples in a traditional marriage.
Governing Law and Seat of Arbitration: Different or Same?
You may want to see also
Explore related products
![The Social Security Bible for Beginners: [2 in 1] Insider Tips to Maximize Benefits and Ensure a Secure Retirement + a Workbook for Easy, Step-by-Step Guidance and Financial Planning Tools](https://m.media-amazon.com/images/I/71pnm-h+FoL._AC_UY218_.jpg)
Common-law marriage recognition by state
The recognition of common-law marriages varies across US states. This can lead to complications if couples move to a different state, as the recognition of their marriage may change.
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.
Some states have abolished common-law marriage but still recognise common-law marriages that began before a certain date or for a specific purpose. These include Alabama, Florida, Georgia, Indiana, Ohio, and Pennsylvania.
The specific requirements for common-law marriage also vary by state. For example, Colorado requires cohabitation, mutual agreement, and public representation as a married couple. Iowa mandates intent to marry, continuous cohabitation, and public declaration.
The Social Security Administration (SSA) recognises a valid common-law marriage in the same way as a traditional marriage, provided that the marriage is established according to the laws of the state in which the couple lives. The SSA requires additional documentation, including the SSA-754 Statement of Marital Relationship form and the SSA-753 Statement Regarding Marriage form, which must be completed by a blood relative. Evidence of the common-law marriage, such as mortgage/rent receipts, bank records, and insurance policies, may also be requested.
Civil Disobedience: Legitimate Law-Breaking in Democracy?
You may want to see also
Explore related products
Common-law marriage and survivor benefits
The Social Security Administration (SSA) follows state law when determining whether a couple has a valid common-law marriage. In the US, there are 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 you established a valid common-law marriage in a state where that marriage was legally recognized, the SSA will recognize your marriage for the purpose of benefits even if you later moved to a state that doesn't allow common-law marriages. 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 the SSA with evidence to prove that you were in a valid common-law marriage. This includes statements from each spouse affirming the marriage, as well as statements regarding the marriage from a blood relative of each spouse. If your spouse has died, you must provide your own statement affirming the marriage, along with statements from two blood relatives of your deceased spouse. In some circumstances, you might be able to substitute other evidence for some of these statements, such as mortgage/rent receipts, bank records, insurance policies, or a determination by a court or another agency that you had a valid common-law marriage.
It's important to note that the recognition of common-law marriages established abroad varies by country and may require an opinion from the SSA's legal office. Additionally, the question of Social Security benefits for common-law marriages between same-sex partners is legally unsettled, as the Supreme Court's Obergefell ruling did not specifically address common-law marriages.
Finally, it's worth mentioning that there is no such thing as a "common-law divorce." Once you've established a common-law marriage, you must go through a traditional divorce process in your state's courts to legally end that marriage.
Agencies' Role: Advocating for Laws and Their Implementation
You may want to see also
Explore related products
Common-law marriage and spousal benefits
The Social Security Administration (SSA) recognizes a valid common-law marriage in the same way as a traditional marriage. However, the SSA follows state law when determining whether a couple has a valid common-law marriage. Therefore, the couple must be living in a state that recognizes common-law marriage or did so when the marriage began.
There are currently 10 US states that 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. Additionally, 16 more states previously recognized common-law marriage, so if a couple's common-law marriage began when the practice was still legal in their state, Social Security will affirm it.
To apply for spousal benefits, the SSA requires certain evidence to prove a common-law marriage. Both spouses must complete and submit the form titled SSA-754 Statement of Marital Relationship. In addition, each spouse will need a blood relative to complete and submit another form called SSA-753 Statement Regarding Marriage. The SSA may also ask for corroborating evidence that the couple considers themselves spouses, such as mortgage or rent receipts, insurance policies, or bank records.
Once a couple has established a common-law marriage, they are entitled to the same benefits as couples in a traditional marriage, including spousal benefits. However, it is important to note that spouses cannot receive their own SSDI benefit and a full spousal benefit at the same time. They can, however, receive a combination of the two that is effectively the same as receiving the highest amount they are eligible for.
Same-sex couples who established valid common-law marriages under state law before 2015 may also be eligible for spousal benefits. However, the question of Social Security benefits for common-law marriages between same-sex partners is still legally unsettled.
Martial Law: Can the President Act Alone?
You may want to see also
Explore related products
Common-law marriage and same-sex couples
The recognition of common-law marriages varies across states. In general, a common-law marriage is a marriage by express agreement of the parties by words uttered in the present tense for the purpose of establishing a marriage where the couple subsequently holds themselves out as married. This means that both parties must have the legal right or "capacity to marry", meaning they must be of legal age, of sound mind, and not already married to someone else. Additionally, they must live together and hold themselves out to friends and family as being a married couple, such as by using the same last name, referring to each other in public as "husband" or "wife", or sharing joint bank accounts or credit cards.
Same-sex couples can establish common-law marriages if they meet the requirements of common-law marriages in their state. Courts have held that the U.S. Supreme Court's decision in Obergefell v. Hodges, which legalised same-sex marriage, applies to common-law marriages. This means that same-sex couples who established valid common-law marriages under state law before the Obergefell decision in 2015 are recognised.
For example, in Pennsylvania, a same-sex common-law marriage will be recognised if contracted before 1 January 2005, even though Pennsylvania did not recognise same-sex marriages until 20 May 2014. Similarly, in South Carolina, a court recognised a same-sex common-law marriage dating back to 1987, even though South Carolina did not recognise same-sex marriage until 20 November 2014.
Same-sex couples seeking to establish a common-law marriage should consult an attorney familiar with the application of this status in their jurisdiction, as the recognition of common-law marriages varies across states.
If a common-law marriage is valid under state law, the Social Security Administration (SSA) will recognise it in the same way as a traditional marriage. This means that common-law spouses are entitled to the same benefits as couples in traditional marriages, including spousal, survivor, and death benefits. To apply for these benefits, the SSA requires certain evidence to prove the common-law marriage, such as mortgage/rent receipts, bank records, and insurance policies.
Labeling Law: A Lawyer's Study Guide
You may want to see also
Frequently asked questions
A common-law marriage is a marriage that is 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, and meet other requirements in some states.
The basic requirements for a common-law marriage include: living in a state that recognizes common-law marriage, having the legal capacity to marry, intending to be married, and taking actions that demonstrate that intention, such as living together and sharing income and expenses.
Yes, the SSA recognizes a valid common-law marriage in the same way as a traditional marriage, provided it is established according to the laws of the state in which the couple resides.
Spouses in a valid common-law marriage are entitled to the same spousal and survivor benefits as couples in a traditional marriage, including Social Security benefits such as spousal, survivor, and death benefits.
Both spouses must complete and submit a form titled SSA-754 Statement of Marital Relationship, and each spouse must provide a blood relative to complete and submit another form called SSA-753 Statement Regarding Marriage. Additionally, the SSA may request evidence such as mortgage/rent receipts, bank records, and insurance policies.
![K: A Common Law Approach to Contracts [Connected eBook with Study Center] (Aspen Casebook) (Aspen Casebook Series)](https://m.media-amazon.com/images/I/61q5aq2nJOL._AC_UL320_.jpg)
