Cecily Zamora
In the US, common-law marriages are recognized by the Social Security Administration (SSA) as long as they were established in a state where they are permitted. This means that common-law spouses may be eligible for Social Security benefits, including spousal, survivor, and death benefits, based on their spouse's or former spouse's earnings record. However, the specific criteria for establishing a common-law marriage vary from state to state, and not all states recognize these marriages. To receive benefits, individuals must provide evidence and complete the necessary paperwork to prove their common-law marriage.
| Characteristics | Values |
|---|---|
| Social Security recognition of common-law marriage | The Social Security Administration (SSA) recognizes common-law marriages as valid in states where they are permitted. |
| Eligibility for benefits | Individuals in a valid common-law marriage may be eligible for spousal, survivor, and death benefits based on their spouse's or former spouse's earnings record. |
| Requirements for recognition | The couple must live in a state that recognizes common-law marriage and meet the state's specific requirements, such as living together and holding themselves out as a married couple. |
| Evidence needed | Statements from both spouses affirming the marriage and statements from blood relatives of each spouse are typically required. Additional evidence, such as mortgage/rent receipts, bank records, and insurance policies, may also be requested. |
| Same-sex common-law marriages | The question of Social Security benefits for same-sex common-law marriages is legally unsettled, despite the Obergefell ruling requiring states to issue marriage licenses to same-sex couples. |
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What You'll Learn
Common-law marriage and social security benefits for same-sex partners is legally unsettled
The recognition of common-law marriages varies across different states in the US. The Social Security Administration (SSA) follows state law when determining whether a couple has a valid marriage. If a couple establishes a valid common-law marriage in a state that recognizes it, the SSA will acknowledge the marriage for benefit purposes even if the couple later moves to a state that doesn't recognize common-law marriages.
To be eligible for benefits based on a spouse's earnings, the couple must provide evidence to prove their common-law marriage. This includes statements from both spouses affirming the marriage, as well as statements from blood relatives of each spouse. In some cases, other evidence may be used to support the claim, such as a court determination of a valid common-law marriage.
Regarding same-sex couples, the SSA recognizes their marriages in all states, as well as some non-marital legal relationships. Courts have held that the US Supreme Court's decision in Obergefell v. Hodges, which legalized same-sex marriage, also applies to common-law marriages. This means that same-sex couples who established valid common-law marriages under state law before 2015 may be entitled to the same benefits as traditionally married couples.
However, it is important to note that the eligibility criteria for Social Security benefits can be complex, and there may be additional requirements or exceptions. For example, an individual cannot receive both their Social Security Disability Insurance (SSDI) payment and the full spousal benefit simultaneously. Additionally, same-sex couples who were unable to marry due to unconstitutional state laws before the establishment of marriage equality in 2021 may now qualify for past-due Social Security survivors' benefits.
Given the legal complexities and variations across states, it is advisable for individuals in a common-law marriage or a same-sex partnership to consult a qualified family law attorney or financial advisor to understand their specific rights and benefits.
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Common-law marriage requirements vary by state
The requirements for common-law marriage vary across the United States. Only a handful of states recognize common-law marriages, and even fewer have full recognition. The requirements for a common-law marriage to be considered legal vary by state, and some states have unique criteria.
In general, there are some basic requirements that must be met for a common-law marriage to be valid. Firstly, the couple must be living in a state that recognizes common-law marriage. Secondly, both parties must have the legal capacity to marry, such as being old enough and not already being married. Thirdly, both individuals must intend to be married, even without a ceremony or license, and they must demonstrate this intention through their actions, such as living together, sharing finances, and presenting themselves as a married couple to their community.
Some states that currently recognize common-law marriages include Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, and Utah. The District of Columbia also recognizes common-law marriages, having done so since 1931.
It is important to note that the recognition of common-law marriages can change over time. For example, Alabama, Georgia, Idaho, Ohio, and Pennsylvania previously recognized common-law marriages but have since outlawed the practice.
The Social Security Administration (SSA) follows state law when determining whether a couple has a valid common-law marriage. If a couple establishes a valid common-law marriage in a state that recognizes it, the SSA will acknowledge the marriage for benefit purposes, even if the couple later moves to a state that does not recognize such marriages. However, the SSA requires evidence, such as statements from both spouses and blood relatives, to prove the existence of a common-law marriage.
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SSA recognition of common-law marriage
The Social Security Administration (SSA) does recognize common-law marriages, but only in states that consider them valid. If a state recognizes a common-law marriage as valid, the SSA will also recognize it, and the couple will be entitled to the same spousal and survivor benefits as couples with a marriage license. However, if a state does not recognize common-law marriages, the SSA will not recognize them either, and the couple will not be eligible for Social Security benefits.
According to the SSA, a common-law marriage is a marriage between two people who are free to marry and consider themselves married, live together as a married couple, and meet any other requirements specified by the state. The preferred evidence of a common-law marriage includes signed statements from both spouses and two blood relatives. If one spouse is deceased, the living spouse must provide a statement, along with signed statements from two blood relatives of the deceased. If both spouses are deceased, the SSA requires statements from one blood relative of each spouse. These statements should explain why the signer believes the couple considered themselves married.
In the case where a couple resides in a state that does not recognize common-law marriages, the SSA will determine whether a husband-wife relationship exists based on how the couple treats each other and how they present themselves to their community. If the SSA determines that a husband-wife relationship exists, the couple will be subject to the income and resource deeming provisions of the Social Security Act, regardless of their state's recognition.
It is important to note that the question of Social Security benefits for common-law marriages between same-sex partners is legally unsettled. While the Obergefell ruling required states to issue marriage licenses to same-sex couples, it did not specifically address common-law marriages in this context.
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Evidence requirements for common-law marriage
Common-law marriage, also known as marriage without formalities or an informal marriage, is recognised in seven states and the District of Columbia. The exact evidence required to prove a common-law marriage varies depending on the state. However, some examples of evidence that may help prove a valid common-law marriage include:
- An agreement or other official documents signed by both partners declaring their intention to marry
- Affidavits, which are written statements in which both parties swear under oath that they are married
- Documents such as lease agreements, tax returns, and insurance policies
- Church records indicating familial status, membership information, baptismal certificates of the spouses' children, Sunday School registration forms, etc.
If you are unable to provide the preferred evidence, you may be asked to explain why and provide other convincing evidence of the marriage.
It is important to note that same-sex couples may have a harder time gathering the necessary evidence, as they did not have the option to file joint tax returns or list their partner as their spouse on many official documents before same-sex marriage was legalised. However, judges are encouraged to take a broad view and consider these realities when assessing evidence of a same-sex common-law marriage.
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Common-law marriage and divorce
A common-law marriage is a marriage without a formal ceremony and marriage license. 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.
If a couple has established a valid common-law marriage in a state where it is legally recognised, the Social Security Administration (SSA) will recognise the marriage for the purpose of benefits even if the couple later moved to a state that doesn't allow common-law marriages. To be eligible for benefits based on a spouse's earnings, evidence of the common-law marriage must be provided to the SSA. This may include statements from each spouse affirming the marriage, statements from blood relatives of each spouse, and other evidence such as mortgage/rent receipts, bank records, and insurance policies.
In the event of a separation, a couple in a common-law marriage must be granted a legal divorce and go through the same legal divorce proceedings as any other married couple. This includes handling issues of alimony, child custody, and support. The definition of a common-law marriage can significantly alter the division of assets upon separation, as assets attained during the relationship may be considered marital property and thus subject to division.
It is important to note that there is no such thing as a "common-law divorce". If a common-law marriage is established in a state that recognises it, the marriage will still be valid even if the couple moves to a state that does not recognise common-law marriages. In this case, the couple would still need to get a divorce if they wish to end their marriage.
The question of Social Security benefits for common-law marriages between same-sex partners is legally unsettled. While the Supreme Court's Obergefell ruling required states to issue marriage licenses to same-sex couples, it did not specifically address common-law marriages.
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Frequently asked questions
Yes, individuals in a valid common-law marriage are eligible for Social Security benefits (spousal, survivor, and death benefits) based on their spouse's or former spouse's earnings record.
The requirements for a common-law marriage vary from state to state. In general, you must meet the following basic requirements: you and your partner established your life together as a married couple, you were living in a state that recognizes common-law marriage, you had the legal capacity to get married, you both intended to be married and took actions that demonstrated that intention, such as living together and sharing expenses.
To prove a common-law marriage, you may need to provide statements from both spouses affirming the marriage, as well as statements from blood relatives of each spouse. If your spouse has died, you will need to provide your own statement, along with statements from two blood relatives of your deceased spouse. Other evidence, such as mortgage or rent receipts, insurance policies, or bank records, may also be considered.
Yes, there are a few situations to be aware of. First, the Social Security Administration (SSA) will only acknowledge common-law marriages that were established in states that permit them. Second, the question of Social Security benefits for common-law marriages between same-sex partners is legally unsettled. Finally, you cannot receive your Social Security Disability Insurance (SSDI) payment and the full spousal benefit at the same time; you can only receive a combination of the two.
