Keith Mack
The Social Security Administration (SSA) recognizes common-law marriages as long as they are considered valid under the relevant state laws. This means that the couple must live in a state where common-law marriage is legal or did so when the marriage began. While the SSA recognizes common-law marriages, certain evidence must be provided to prove the marriage, such as signed statements from both spouses and their blood relatives. Once a valid common-law marriage is established, the couple is entitled to the same benefits as couples in a traditional marriage, including spousal, survivor, and death benefits.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage by Social Security Administration (SSA) | SSA recognizes common-law marriages as equal to traditional marriages |
| Common-law marriage recognition by state | Common-law marriages are only recognized in certain states, including Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia. |
| Requirements for common-law marriage recognition | Both parties must be legally capable of marriage (e.g., age, not already married), intend to be married, and present themselves as such to family, friends, and the community. |
| Evidence of common-law marriage | Signed statements from both spouses and two blood relatives are preferred. Other evidence, such as mortgage receipts, insurance policies, or bank records, may be considered. |
| Benefits for common-law spouses | Common-law spouses are entitled to the same spousal and survivor benefits as traditionally married couples, including SSDI and spousal benefits. However, they cannot receive their SSDI payment and the full spousal benefit simultaneously. |
| Common-law marriage recognition for same-sex couples | The Obergefell v. Hodges decision legalized same-sex marriage, but it did not specifically address common-law marriages. The question of Social Security benefits for same-sex common-law marriages is legally unsettled. |
| Establishing common-law marriage in another state | If a common-law marriage is established in a state that recognizes it, the marriage is valid in other states, and benefits may be claimed accordingly. |
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What You'll Learn
Common-law marriage requirements
The Social Security Administration (SSA) does recognize common-law marriages. However, the requirements for common-law marriage vary from state to state.
In general, to have a valid common-law marriage, 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 or did so at the time.
- You had the legal capacity to get married (for example, being old enough and not already being married to someone else).
- You both intended to be married, despite not having a ceremony or a license.
- You took actions that demonstrated that intention, such as living together, sharing your income and expenses, and holding yourselves out as a married couple to family, friends, and the community.
If you move to another state after establishing a common-law marriage in a state that allows them, your current state must recognize your marriage. 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 prove a common-law marriage, the SSA may ask for the following evidence:
- Signed statements from both spouses and two blood relatives.
- If one spouse is deceased, a signed statement from the living spouse and two blood relatives of the deceased.
- If both spouses are deceased, a signed statement from one blood relative of each spouse.
- Other evidence if the preferred evidence is not available.
It is 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.
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Social Security benefits for common-law spouses
In the United States, individuals in valid common-law marriages 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, it is important to note that the Social Security Administration (SSA) follows state law when determining whether a couple has a valid marriage. Therefore, the recognition of common-law marriage for Social Security benefits depends on the laws of the specific state in which the couple resides.
In the case of California, it is important to note that the state does not recognize common-law marriage. As a result, couples in California who are in a common-law marriage are not eligible for Social Security spousal benefits within the state. However, if a couple establishes a common-law marriage in a state that recognizes such marriages and then moves to California, their marriage must be recognized by the state. In this case, they may be eligible for Social Security benefits as long as their common-law marriage was created in a state that permitted it.
To establish a valid common-law marriage, couples must generally meet certain requirements. These requirements can vary by state but typically include the following:
- Both individuals must be legally free to marry, meaning they are not currently married to anyone else.
- Both individuals must intend to be married, even without a formal ceremony or marriage license.
- The couple must live together and hold themselves out as a married couple to their family, friends, and community.
- The couple must share their income and expenses and take on the responsibilities of a married couple.
It is important to note that the SSA requires evidence to recognize a common-law marriage. Preferred evidence includes signed statements from both spouses and blood relatives attesting to the validity of the marriage. If the spouse has died, the living spouse's statement and those of two blood relatives of the deceased spouse are required. Other convincing evidence may also be considered if preferred evidence is not available.
Once a common-law marriage is established and recognized by the SSA, spouses are entitled to the same benefits as couples in a traditional marriage. However, it is important to understand that spouses cannot receive their own SSDI benefit and a full spousal benefit simultaneously. Instead, they will receive a combination of both benefits, resulting in the higher of the two amounts.
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Common-law marriage recognition in California
The Social Security Administration (SSA) recognises common-law marriages, entitling both parties to the same benefits as a traditionally married couple. However, this recognition is subject to the couple's state of residence and its laws on common-law marriages.
In the United States, some states recognise common-law marriages, while others do not. California is one of the states that does not recognise common-law marriages. Therefore, if you live in California, you cannot establish a common-law marriage there, and the SSA will not recognise your common-law marriage for Social Security benefits.
To be recognised as a common-law marriage by the SSA, the marriage must be valid under the state's laws. The couple must meet the basic requirements for a valid common-law marriage, which include:
- Both individuals must be legally free to marry, i.e., not already married or underage.
- Both individuals must intend to be married and present themselves as a married couple to their community, friends, and family.
- The couple must live together and share income and expenses.
If a couple moves to a state that does not recognise common-law marriages, such as California, after establishing a valid common-law marriage in a state that does recognise them, their new state of residence must still recognise their marriage. This means that they may still be eligible for Social Security benefits in their new state.
It is important to note that the recognition of common-law marriages established outside of the United States, including in other countries, may vary and require an opinion from the SSA's legal office.
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Evidence of a common-law marriage
California does not have a common-law marriage law. This means that a couple won't be considered legally married, no matter how long they've lived together in the state. However, California does recognize common-law marriages that occurred in other states or countries. If a couple moves from a state where they were considered legally married under common law, they are considered married in California.
In general, to have a valid common-law marriage, you must meet certain 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 (e.g., being old enough and not already married).
- You both intended to be married, despite not having a ceremony or license.
- You took actions that demonstrated that intention, such as living together, sharing income and expenses, and holding yourselves out as a married couple to family, friends, and the community.
Judges will consider a variety of evidence when determining whether a common-law marriage exists, including:
- Reasons for not getting married: Did one partner avoid marriage to prevent community property rights from applying to the relationship?
- Banking practices: Did they have joint or separate checking and savings accounts?
- Credit practices: Did they use joint credit cards? Who paid off the cards, and did they apply for loans jointly or individually?
- Buying property: Did they pool their money to purchase property, and did they take the title together or separately?
- Whether the couple had a stable, marriage-like relationship, including living together (at least part-time) and acting as mutual companions.
Preferred evidence of a common-law marriage includes signed statements from both the husband and wife and two blood relatives. If either the husband or wife is deceased, then the signed statement of the surviving spouse and two blood relatives of the deceased are required. If both spouses are deceased, signed statements from one blood relative of each spouse are needed. All signed statements should explain why the signer believes there was a marriage between the two individuals.
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Common-law marriage and same-sex couples
California does not recognize common-law marriages within the state. However, it does recognize common-law marriages that were lawfully created in other states, including common-law marriages of same-sex couples.
The Social Security Administration (SSA) follows state law when determining whether people have a valid marriage. This means that if a couple established a common-law marriage in a state that recognizes common-law marriages for same-sex couples, they would retain their common-law marriage rights in California. These rights include Social Security survivors or spouses' benefits.
In the U.S., the legalization of same-sex marriage is a recent development. The first lawsuit concerning federal and state laws on same-sex marriage was filed in 1971, and in 2015, a Supreme Court decision legalized same-sex marriage nationwide. Prior to this, the accepted definition of marriage in the U.S. did not include lesbian and gay couples, and passionate debates on the topic raged for many decades. During this time, states like California began to bestow upon gay and lesbian couples similar rights and responsibilities as heterosexual couples.
In California, same-sex marriages are now allowed when certain conditions are met, including legal capacity, legal age, and individual consent to the marriage. The legal age to marry in California is 18 years, and the minimum age to marry with parental consent is 16 years. Additionally, minors can marry if they are capable of consenting to the union upon receiving a court order permitting them to do so. To have the legal capacity to enter into a same-sex union, an individual must be of sound mind and capable of appreciating and understanding the nature of their intended union. This requirement does not prevent individuals with mental illness from marrying, as long as they can comprehend their marital obligations.
Same-sex marriages and domestic partnerships in California have most of the same rights and obligations as opposite-sex marriages, including the right to end the marriage. The options for legally ending a marriage in California include annulment, divorce, and separation. Annulment involves a court order that dissolves a marriage as if it never existed, while divorce refers to the legal termination of a marriage. Separation allows a couple to make some decisions similar to divorce, such as those concerning shared property, child custody, and support, but does not legally end the marriage.
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Frequently asked questions
Social security recognizes common-law marriage as long as it is recognized as valid under the state's law. California does not recognize common-law marriage, so social security will not recognize it either.
The requirements for a common-law marriage to be considered valid vary from state to state. In general, the couple must have established their life together as a married couple, had the legal capacity to marry, intended to be married, and took actions that demonstrated that intention, such as living together and sharing income and expenses.
Spouses in a common-law marriage that is recognized by the Social Security Administration (SSA) are entitled to the same benefits as couples in a traditional marriage, including spousal, survivor, and death benefits. However, they cannot receive their own Social Security Disability Insurance (SSDI) payment and the full spousal benefit at the same time.
The documentation required to prove a common-law marriage may vary depending on the state and the specific circumstances. In general, both spouses need to complete and submit a "Statement of Marital Relationship" (form SSA-754). Additionally, a statement from a blood relative affirming the marriage (form SSA-753) may be required. Other forms of evidence, such as mortgage or rent receipts, insurance policies, or bank records, may also be requested.
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