Cecily Zamora
The Social Security Administration (SSA) recognizes common-law marriages as valid, entitling couples to the same benefits as those in traditional marriages. This includes spousal, survivor, and death benefits. However, the criteria for establishing a common-law marriage vary across jurisdictions, with less than half of the states in the U.S. legally recognizing these unions. To receive benefits based on a common-law spouse's earnings, individuals must provide evidence of a valid common-law marriage, such as joint financial accounts, shared property ownership, witness affidavits, and statements from both spouses and their blood relatives. While SSA recognizes common-law marriages, eligibility for benefits depends on meeting state-specific requirements and providing the necessary documentation.
| Characteristics | Values |
|---|---|
| Common law marriage recognition | The Social Security Administration (SSA) recognizes common law marriages. |
| Common law marriage requirements | The common-law marriage must be contracted in a state where common-law marriages are recognized. The couple must live together and hold themselves out to the public as married. There must be an agreement to marry, and the marriage must be entered into by mutual consent. |
| Benefits eligibility | Individuals in a common law marriage may be eligible for spousal, survivor, and death benefits based on their spouse's earnings record. |
| Proof of marriage | Common law spouses may need to provide evidence, such as joint financial accounts, shared property ownership, affidavits from witnesses, or other forms of documentation. |
| Benefit amount | Spouses cannot receive their SSDI benefit and a full spousal benefit simultaneously. They will receive a combination of the two, resulting in the higher amount. |
| Ex-spouse benefits | Ex-spouses who were married for at least 10 years may be eligible for survivor benefits. |
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What You'll Learn
Common-law marriage recognition by the SSA
The Social Security Administration (SSA) recognises common-law marriages as valid, entitling couples to the same benefits as those in a traditional marriage. This includes spousal benefits, survivor benefits, and even benefits from an ex-common-law spouse. However, it is important to note that the SSA follows state law when determining whether a couple has a valid marriage. Therefore, the recognition of common-law marriages by the SSA depends on whether the marriage was established in a state that permits such marriages.
To establish a common-law marriage with the SSA, couples must meet certain requirements. Firstly, the marriage must be contracted in a state where common-law marriages are recognised. Secondly, there must be an agreement to marry, which proposes a marital status that can only be terminated in the same manner as a traditional marriage. Lastly, the marriage must be entered into by the mutual consent of the couple to become each other's spouse.
In addition to meeting these requirements, individuals in a common-law marriage must provide evidence to the SSA to prove the validity of their marriage. This evidence can include statements from each spouse, statements from blood relatives of each spouse, joint financial accounts, shared property ownership, affidavits from witnesses, or other forms of documentation that demonstrate the existence and recognition of the common-law marriage.
Once a common-law marriage is established with the SSA, the couple can claim the same benefits as traditionally married couples. This includes spousal benefits, where a spouse may receive a portion of their partner's Social Security retirement or disability benefits, and survivor benefits, which provide income support to the surviving spouse based on the deceased partner's work record.
It is worth noting that the eligibility for survivor benefits may vary depending on specific circumstances. While a surviving spouse may be eligible for benefits, they might not receive the full amount if they are also entitled to their Social Security Disability Insurance (SSDI) payment. In such cases, they will receive a combination of both benefits, resulting in the higher of the two amounts.
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State laws and common-law marriage
The Social Security Administration (SSA) recognises common-law marriages, and both parties are entitled to the same benefits as a traditionally married couple. However, the SSA follows state law when determining whether a couple has a valid marriage. This means that individuals can only receive benefits based on a common-law spouse's earnings if their marriage is valid under their state's law.
Common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that only survives in a handful of states. These include Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Additionally, Utah, South Carolina, and New Hampshire have limited recognition of common-law marriage.
For a common-law marriage to be recognised, couples must meet the requirements in their state. While these vary, they generally include the couple intending to be married and presenting themselves as such. For example, in Alabama, common-law marriages are only recognised if they were created before January 1, 2017. In contrast, Pennsylvania recognises common-law marriages established before January 1, 2005, and Ohio recognises those created before October 10, 1991.
It is important to note that if a couple establishes a valid common-law marriage in a state that recognises such marriages, the SSA will acknowledge their union for benefit purposes even if they later move to a state that does not allow common-law marriages. This is because, under the United States Constitution, the full faith and credit clause stipulates that states must respect the laws of other states.
To establish a common-law marriage with the SSA, couples may need to submit evidence such as mortgage/rent receipts, bank records, and insurance policies. Additionally, they must complete and submit the SSA-754 Statement of Marital Relationship form.
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Evidence of common-law marriage
The Social Security Administration (SSA) recognises common-law marriages and treats them the same as traditional marriages when it comes to benefits. However, to be eligible for benefits based on your common-law spouse's earnings, you must provide evidence of your common-law marriage. The exact evidence required varies by state, but generally, you must prove that you intended to be married and presented yourselves as such. Here are some examples of evidence that may help prove a valid common-law marriage:
- Statements from each spouse affirming the marriage, as well as statements from blood relatives of each spouse.
- If your spouse has died, your statement affirming the marriage, along with statements from two blood relatives of your deceased spouse.
- An agreement or other official documents signed by both partners declaring your intention to marry.
- Documents showing one spouse has assumed the surname of their common-law spouse.
- 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.
- Credit card accounts in the names of both common-law spouses.
- Friend and family affidavits: Affidavits from people familiar with your relationship who can attest to your living situation and whether friends, family, and neighbours consider you married.
- Driver's license or Social Security number card showing a name change that matches your spouse's name.
- Date and location where you and your common-law spouse mutually agreed to become spouses.
- Previous marriages and their dates of divorce, annulment, or death.
- Public announcements of your marriage, such as save-the-date cards, wedding invitations, or social media posts.
It's important to note that if you established a valid common-law marriage in a state that recognises such marriages, the SSA will acknowledge your marriage for benefit purposes even if you later moved to a state that doesn't allow common-law marriages. Additionally, same-sex couples have the same legal right as opposite-sex couples to establish a common-law marriage, but they may face challenges in gathering certain types of evidence due to historical discrimination and legal restrictions.
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Common-law marriage and survivor benefits
The recognition of common-law marriages and their eligibility for survivor benefits can be a complex issue, varying across different states and countries. However, here is a general overview of the topic.
Firstly, it is important to note that not all states or countries recognize common-law marriages. In the United States, less than half of the fifty states legally acknowledge these unions. Therefore, it is crucial to understand the specific laws and requirements of your state or country of residence.
For those residing in a state that recognizes common-law marriages, the Social Security Administration (SSA) generally considers such marriages as valid. This means that a common-law spouse may be eligible for survivor benefits in the event of their partner's death, similar to a traditionally married spouse. To establish eligibility, the surviving spouse must provide evidence of a valid common-law marriage, which may include statements from both spouses, blood relatives, or other forms of documentation, such as joint financial accounts or shared property ownership.
It is worth mentioning that once a common-law marriage is established in a recognizing state, the marriage will continue to be recognized if the couple moves to a non-recognizing state. However, it is always advisable to consult with a legal professional specializing in family law to understand the specific requirements and implications of common-law marriage in your jurisdiction.
Additionally, same-sex couples who established valid common-law marriages under state law before 2015 are also entitled to survivor benefits, following the U.S. Supreme Court's decision in Obergefell v. Hodges.
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Common-law marriage and spousal benefits
The recognition of common-law marriages and their spousal benefits varies across different states in the US. The Social Security Administration (SSA) follows state law when determining whether a couple has a valid marriage. Hence, the SSA will recognize a common-law marriage as valid if it was contracted in a state where such marriages are recognized.
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 can include documents such as joint financial accounts, shared property ownership, affidavits from witnesses, or other forms of documentation that demonstrate the existence and recognition of the common-law marriage. Additionally, the SSA asks that you submit evidence of your common-law marriage, such as mortgage/rent receipts, bank records, and insurance policies.
In addition to the above forms, the SSA may ask for a statement 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 will need your own statement affirming the marriage, along with statements from two blood relatives of your deceased spouse.
It is important to note that the specific criteria and requirements for establishing a common-law marriage can vary between jurisdictions. Some states or countries have specific laws that explicitly recognize and regulate common-law marriages, while others do not recognize them at all. Therefore, it is crucial to consult with an attorney who specializes in family law or understand the laws of your specific jurisdiction to know the requirements and legal implications of common-law marriage in your area.
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Frequently asked questions
Common-law marriage, also known as informal marriage, is a legal concept that recognizes a marital relationship between two individuals who have lived together and presented themselves as a married couple without a formal marriage ceremony or marriage license.
Yes, individuals who are or were in valid common-law marriages may be eligible for Social Security death benefits based on their spouse's or former spouse's earnings record, as long as they met the requirements to establish a common-law marriage in their state.
The requirements to establish a common-law marriage vary by state, but generally include living together, presenting as a married couple to the public, and having an agreement to be married. Less than half of the fifty states recognize common-law marriages as legally binding.
