Cecily Zamora
The Social Security Administration (SSA) recognizes common-law marriages as valid marriages, and as such, couples in common-law marriages are entitled to the same benefits as couples in traditional marriages. This includes spousal benefits, survivor benefits, and even benefits from an ex-common-law spouse. However, it is important to note that the recognition of common-law marriage varies by state, and not all states recognize such marriages. To be eligible for benefits based on a common-law spouse's earnings, individuals must provide evidence to the SSA that they were in a valid common-law marriage, such as statements from each spouse affirming the marriage and statements from blood relatives.
| Characteristics | Values |
|---|---|
| Social Security recognition of common-law marriages | Yes, the Social Security Administration (SSA) recognizes common-law marriages, provided the marriage is valid in the state where it was established |
| Eligibility for survivor benefits | Yes, common-law spouses may be eligible for survivor benefits if their partner passes away, provided they meet the eligibility criteria and can prove the validity of the marriage |
| Proof of marriage | Common-law spouses may need to provide evidence such as joint financial accounts, shared property ownership, affidavits from witnesses, mortgage/rent receipts, insurance policies, bank records, etc. |
| State recognition of common-law marriages | Recognition varies by state; currently, 10 states and the District of Columbia recognize common-law marriages |
| Divorce from a common-law spouse | There is no such thing as a "common-law divorce"; a normal divorce in state courts is required to legally end a common-law marriage |
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What You'll Learn
Common-law marriage recognition by the SSA
The Social Security Administration (SSA) does recognize common-law marriages. However, this recognition is dependent on the couple's state of residence and whether that state recognizes common-law marriages. The SSA follows state law when determining whether a couple has a valid marriage. Therefore, if a couple's state of residence recognizes their common-law marriage, the SSA will also recognize it for the purpose of benefits.
To be eligible for benefits based on a common-law spouse's earnings, the SSA requires evidence of a valid common-law marriage. This includes documentation such as joint financial accounts, shared property ownership, affidavits from witnesses, mortgage or rent receipts, insurance policies, bank records, and statements from blood relatives. Both common-law spouses must complete a "Statement of Marital Relationship" (form SSA-754) and provide a statement from a blood relative (form SSA-753). If a common-law spouse has died, the surviving spouse must provide their statement, along with statements from two blood relatives of the deceased.
It is important to note that the rules and criteria for establishing a common-law marriage vary from state to state. While some states require the couple to have established a life together as a married couple, others may focus on the couple's intention to be married and their presentation as such to the community. As such, it is advisable to consult a qualified family law attorney to understand the specific requirements in one's state.
Additionally, the SSA treats common-law marriages in the same way as traditional marriages when it comes to benefits. Both common-law spouses are entitled to the same spousal and survivor benefits as couples in traditional marriages, subject to the same conditions. However, a spouse cannot receive their own Social Security Disability Insurance (SSDI) payment and the full spousal benefit simultaneously. Instead, they will receive a combination of the two benefits, resulting in the higher of the two amounts.
In the case of divorced common-law spouses, eligibility for survivors' benefits may still exist, provided the marriage and divorce were valid under state law and other benefit qualifications are met. For children of common-law spouses who are both deceased, they may qualify for survivor benefits by providing the necessary SSA forms and statements from blood relatives.
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State laws on common-law marriages
In the United States, common-law marriage is a form of irregular marriage that is currently recognised in only a few states. Common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, does not require a marriage license, ceremony, or certificate. However, it is important to note that the laws and requirements for common-law marriage vary from state to state, and some states have abolished it altogether.
As of 2022, the following US states continue to recognise common-law marriages with varying requirements:
- Colorado
- Iowa
- Kansas
- Montana
- Rhode Island
- Oklahoma
- Texas
- District of Columbia
Additionally, the following states have limited recognition of common-law marriages:
- Utah: Recognises common-law marriages that have been validated in a judicial proceeding.
- New Hampshire: Recognises domestic common-law marriages for the purposes of probate only.
- South Carolina
Some states that have abolished common-law marriages still recognise those that occurred before a certain date. For example, common-law marriages formed before 1997 in Georgia, before 1991 in Ohio, before 2005 in Pennsylvania, before 1968 in Florida, and before 1958 in Indiana are still considered valid.
The requirements for a common-law marriage to be considered legal can vary by state, but some general criteria include:
- Both parties must be at least 18 years old.
- Both parties must have the "capacity to marry" or the legal right to marry.
- Both parties must intend to be married and present themselves as a married couple to others.
- The couple must cohabit or live together for a specified amount of time, which varies by state.
It is important to note that the recognition of common-law marriages can have significant implications for individuals, as it may impact their legal rights, benefits, and entitlements.
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Eligibility criteria for survivor benefits
The Social Security Administration (SSA) recognizes common-law marriages, entitling both parties to the same benefits as a couple in a traditional marriage. However, eligibility for survivor benefits depends on meeting specific criteria and providing valid proof of the common-law marriage.
Firstly, the couple must reside in a state that legally recognizes common-law marriages or have previously lived in such a state when the marriage began. Only a handful of states, including Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia, currently recognize common-law marriages. If a couple establishes a valid common-law marriage in one of these states and then moves to a state that does not recognize such marriages, their marriage will still be valid for the purpose of benefits.
Secondly, both common-law spouses must complete a "Statement of Marital Relationship" (form SSA-754) and provide additional statements affirming the marriage. If the common-law spouse seeking survivor benefits is alive, they must submit their statement along with statements from two blood relatives of the deceased spouse. In the case of both common-law spouses being deceased, their children may qualify for survivor benefits by providing an SSA-753 form from a blood relative of each parent.
Additionally, the SSA may request corroborating evidence demonstrating that the couple considered themselves spouses. This can include documentation such as joint financial accounts, shared property ownership, mortgage or rent receipts, insurance policies, bank records, and affidavits from witnesses.
It is important to note that the eligibility criteria for survivor benefits in the case of common-law marriages may vary slightly from state to state. Therefore, it is advisable to consult a qualified family law attorney or seek guidance from the SSA directly to ensure that all requirements are met.
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Evidence of common-law marriage
The Social Security Administration (SSA) recognizes common-law marriages, and both parties are entitled to the same benefits as a traditionally married couple. However, the SSA requires evidence of a valid common-law marriage according to state laws. The exact evidence needed varies by state, but some examples of proof include:
- 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 showing joint financial obligations
- Documents showing one spouse has assumed the surname of their common-law spouse
- Driver's license or Social Security number card showing a name change that matches the spouse's name
- Friend and family affidavits, including how they know the couple, the length of time the couple has lived together, whether there was a public announcement of the marriage, and whether friends, neighbors, and family consider them married
- Statements from each spouse affirming the marriage, as well as statements from a blood relative of each spouse
- An agreement or other official documents signed by both partners declaring their intention to marry
- Mortgage/rent receipts, bank records, and insurance policies
It is important to note that common-law marriage is not recognized in all states, and the requirements to prove such a marriage vary. If you are unsure whether your relationship qualifies, it is recommended to speak with a qualified family law attorney who understands the specific laws in your state.
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Survivor benefits for same-sex partners
For decades, same-sex couples in the US have been denied equal access to Social Security survivors' benefits due to discriminatory laws and policies. However, recent legal victories and policy changes have expanded the rights of LGBTQ+ individuals, and surviving same-sex partners and spouses may now qualify for these benefits.
The Social Security Administration (SSA) recognises some non-marital legal relationships, such as certain domestic partnerships and civil unions. Following the Obergefell decision, which required all states to legalise same-sex marriage, same-sex couples gained clearer access to federal benefits, including Social Security survivors' payments. This was further bolstered by the 2021 policy change, which offered retroactive Social Security survivors' benefits to same-sex couples who lost their partners before marriage equality was established.
To be eligible for these retroactive benefits, individuals must have filed an application for Social Security survivors' benefits before November 25, 2020, and been denied solely due to laws prohibiting same-sex marriage. The SSA will review claims filed after this date for those who would have been eligible if not for discriminatory laws.
Additionally, the SSA has outlined that surviving same-sex partners may qualify for benefits if they would have been married at the time of their partner's death if not for state laws preventing them from doing so, or if they would have been married longer if not for such laws.
To establish a common-law marriage, couples must meet certain criteria, including living in a state that recognises such marriages and fulfilling the legal requirements for marriage, such as being of legal age and not already married. They must also demonstrate the intention to be married, even without a formal ceremony or license, through actions such as living together, sharing finances, and presenting themselves as a married couple to their community.
It is important to note that the SSA requires evidence of a valid common-law marriage, including statements from both spouses and, in the case of a deceased spouse, statements from blood relatives. Consulting a qualified family law attorney can help individuals understand the specific requirements and benefits they may be eligible for.
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Frequently asked questions
A common-law marriage is a marriage that is considered valid without a civil or religious ceremony. Common-law marriages are recognised in the following states: Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia.
The basic requirements for a common-law marriage to be considered valid are: living in a state that recognises common-law marriage, having the legal capacity to marry (e.g. being old enough and not already married), both partners intending to be married, and taking actions that demonstrate this intention, such as living together and sharing finances.
You can prove your common-law marriage by providing the following documentation: joint financial accounts, shared property ownership, affidavits from witnesses, mortgage/rent receipts, bank records, and insurance policies. Both spouses will also need to complete and submit the form titled SSA-754 Statement of Marital Relationship, and provide an additional statement from a blood relative affirming the marriage (form SSA-753).
Yes, common-law marriages are recognised by the Social Security Administration (SSA) and are entitled to the same benefits as traditionally married couples, including survivor benefits. However, this only applies if the marriage was established in a state that permitted common-law marriages.
