Kara Sears
The Social Security Administration (SSA) recognizes common-law marriages, provided they are considered valid under the relevant state laws. This means that common-law spouses are entitled to the same benefits as a traditionally married couple, including spousal, survivor, and death benefits. However, the recognition of common-law marriages varies widely across states, with only 10 states and the District of Columbia currently recognizing them. Establishing a common-law marriage typically requires evidence of the couple's intention to be married and their presentation as a married couple to the community.
| Characteristics | Values |
|---|---|
| Social Security recognition of common-law marriage | The Social Security Administration (SSA) recognizes common-law marriages, but only if the couple's state of residence recognizes it. |
| Benefits | Common-law spouses are entitled to the same Social Security benefits as traditionally married couples, including spousal, survivor, and death benefits. |
| Evidence | The SSA requires evidence of a common-law marriage, such as signed statements from both spouses and two blood relatives. Other evidence includes mortgage/rent receipts, bank records, and insurance policies. |
| State recognition | Social Security recognizes common-law marriages in 10 states: Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, and Utah, as well as the District of Columbia. |
| Non-recognition | Some states do not recognize common-law marriages, including Alabama, Georgia, Idaho, Ohio, Pennsylvania, and Kentucky. |
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What You'll Learn
Common-law marriage requirements
In the United States, common-law marriage has existed since colonial times, and it is still recognised in some states today. Common-law marriage is a legal marriage, but one without a formal wedding ceremony, marriage license, or marriage certificate.
The Social Security Administration (SSA) follows state law when determining whether a couple has a valid common-law marriage. The basic requirements for a common-law marriage are:
- The couple must be living in a state that recognises common-law marriage.
- Both partners must have the legal right or "capacity" to marry. This means they must be at least 18 years old, of sound mind, and not already married to someone else.
- Both partners must intend to be married and behave as a married couple, holding themselves out to friends, family, and the public as being married. This can be demonstrated by living together, sharing income and expenses, and owning property together.
- In some states, there may be other specific requirements that must be met.
If a couple meets the requirements for a common-law marriage in a state that recognises it, they are generally entitled to the same spousal and survivor benefits as a couple that obtained a marriage license and held a ceremony. To establish their common-law marriage, the couple may need to complete a "Statement of Marital Relationship" and provide statements from blood relatives affirming the marriage. They may also need to provide additional evidence, such as lease agreements, tax returns, insurance policies, mortgage or rent receipts, or bank records.
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Social Security benefits
The Social Security Administration (SSA) does recognize common-law marriages, provided they are valid under the relevant state's law. This means that if you are in a common-law marriage, you are entitled to the same benefits as couples in a traditional marriage. This includes spousal benefits.
To establish a common-law marriage, you must meet certain requirements. These include that you and your partner established your life together as a married couple, living in a state that recognizes common-law marriage, and that you had the legal capacity to get married (for example, being old enough and not already married). You must also have intended to be married, despite not having a ceremony or license, and taken actions that demonstrate this intention, such as living together, sharing finances, and holding yourselves out as a married couple to family, friends, and the community.
If you are in a common-law marriage and seeking Social Security benefits, you must complete some paperwork and provide evidence of your marriage. Both spouses will need to complete and submit a "Statement of Marital Relationship" (form SSA-754). 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 other evidence, such as mortgage or rent receipts, insurance policies, or bank records, to prove that the couple considers themselves spouses.
It is important to note that the recognition of common-law marriages can vary depending on the state. While some states currently recognize common-law marriages, others have stopped recognizing them. If you move to a state that does not recognize common-law marriages, your marriage will still be valid as long as it was established in a state that permitted it. However, if you live in a state that does not recognize common-law marriage, you cannot establish one in that state for Social Security purposes.
In summary, common-law spouses can receive Social Security benefits based on their spouse's earnings record, but they must first establish their marriage according to the laws of their state and complete the necessary paperwork and provide evidence to the SSA.
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State recognition
The Social Security Administration (SSA) follows state law when determining whether people are in a valid marriage. This means that the SSA recognizes common-law marriages, but only if they are recognized as valid under the relevant state law.
The recognition of common-law marriages varies from state to state. Currently, 10 states recognize common-law marriages, either by laws or court precedents: Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, and Utah. The District of Columbia also recognizes common-law marriages.
Sixteen more states formerly recognized common-law marriages, and if a couple's common-law marriage began when the practice was still legal in their state, the SSA will recognize it. For example, common-law marriages that began in Alabama, Georgia, Idaho, Ohio, or Pennsylvania may still be recognized by the SSA, even though these states no longer recognize new common-law marriages.
To be considered a valid common-law marriage, couples must generally meet the following basic requirements:
- They must be living in a state that recognizes common-law marriage.
- They must have the legal capacity to get married, such as being old enough and not being married to anyone else.
- They must intend to be married and present themselves as such to their community.
- They must take actions that demonstrate this intention, such as living together, sharing income and expenses, and holding themselves out as a married couple to family and friends.
If a couple meets the requirements for a common-law marriage in a state that recognizes it, they are entitled to the same spousal and survivor benefits as a couple that obtained a marriage license and held a ceremony. Both 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). They may also need to provide additional evidence, such as mortgage or rent receipts, insurance policies, or bank records.
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Evidence of common-law marriage
The Social Security Administration (SSA) follows state law to determine whether a couple has a valid common-law marriage. Common-law marriages are only valid in certain states, and the laws vary widely. If a couple lives in a state that does not recognize common-law marriage, they are not entitled to Social Security benefits. However, if they move to another state after establishing a common-law marriage in a state that allows them, the new state must recognize their marriage, and they may receive Social Security benefits in any state.
To prove a common-law marriage, a couple must generally satisfy the other general marriage requirements in their state. For example, in most states, both spouses must be at least 18 years old and have the mental capacity to understand the commitment and consequences of marriage. They must also not already be married to someone else.
Preferred evidence of a common-law marriage includes:
- If both spouses are alive, their signed statements and those of two blood relatives.
- If one spouse is deceased, the signed statement of the living spouse and those of two blood relatives of the deceased spouse.
- If both spouses are deceased, the signed statements of one blood relative of each spouse.
All signed statements should explain why the signer believes the couple was married. Other evidence may include:
- Deeds showing joint ownership of property.
- Bank statements and checks showing joint ownership of accounts.
- Loan documents, leases, mortgages, and promissory notes showing joint financial obligations.
- Driver's licenses or Social Security cards showing a name change that matches the spouse's name.
- Affidavits from friends and family who are familiar with the relationship and can attest to the couple's intention to be married.
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Same-sex common-law marriages
The Social Security Administration (SSA) recognizes same-sex marriages in all states, including some non-marital legal relationships such as common-law marriages, civil unions, and domestic partnerships. This recognition extends to marriages established in foreign countries.
Same-sex couples in common-law marriages may be eligible for Social Security benefits based on their spouse's or former spouse's earnings record, including survivor benefits, disability benefits, and retirement benefits. This is provided they meet the requirements to establish a common-law marriage in their state or country of residence.
To prove a common-law marriage, individuals must provide evidence demonstrating their intention to be married, such as living together, sharing finances, and holding themselves out as a married couple to their community. This can be challenging for same-sex couples who entered committed relationships when same-sex marriage was illegal, as they may not have public or official records of their union. However, other evidence can be provided, such as statements from each spouse affirming the marriage and statements from blood relatives of each spouse.
It is important to note that the SSA will only acknowledge common-law marriages established in states or countries that permit them. As of 2022, only nine states (plus Washington, D.C.) legally permit couples to establish new common-law marriages, while over a dozen other states will recognize common-law marriages established before the practice was abolished in their state.
If you are in a same-sex common-law marriage and believe you may qualify for benefits, it is recommended to apply regardless of uncertainty. The SSA encourages individuals to apply to ensure they do not lose out on potential benefits, and they will consider "all available evidence" to determine benefit eligibility for LGBTQ+ survivors.
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Frequently asked questions
The Social Security Administration (SSA) does recognize common-law marriage, but only if it is recognized by the state in which the couple resides.
The requirements for a common-law marriage vary from state to state. Generally, the couple must be free to marry, intend to be married, and present themselves as married to the community. Some states also require the couple to live together and share finances.
Common-law spouses are entitled to the same benefits as traditionally married couples, including spousal, survivor, and death benefits. However, they cannot receive their own SSDI benefit and a full spousal benefit at the same time.
Both spouses must complete and submit a “Statement of Marital Relationship” (form SSA-754). Additionally, each spouse needs a blood relative to complete and submit a "Statement Regarding Marriage" (form SSA-753). Other documentation, such as mortgage/rent receipts, bank records, and insurance policies, may also be requested.
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