Anaya Nolan
Social Security recognizes common-law marriages in states where such marriages are recognized. Colorado is one of the few remaining states that recognize common-law marriage. In Colorado, common-law marriage is applied to couples in a committed relationship that appears to be a marriage but lacks formal documentation. Social Security requires evidence of a common-law marriage, such as statements from both spouses and a blood relative of each, as well as other documents like mortgage/rent receipts and bank records.
| Characteristics | Values |
|---|---|
| States that recognize common-law marriage | Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia |
| Social Security recognition | If the state recognizes common-law marriage, Social Security does too |
| Evidence required by Social Security | Statements from both spouses, statements from blood relatives, mortgage/rent receipts, bank records, insurance policies, etc. |
| Colorado's recognition of common-law marriage | Yes, since the late 1800s |
| Colorado's criteria for common-law marriage | Both parties must be at least 18 years old, cannot be in another marriage or domestic partnership, consent to be committed to one another, and conduct themselves as a married couple |
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Social Security recognises common-law marriage in Colorado
In Colorado, a common-law marriage is applied to couples who are in a committed relationship when said relationship appears to be a marriage but lacks the formal documentation (e.g. a marriage certificate) that sanctions the marriage by the state. Both opposite-sex and same-sex couples can qualify for common-law marriage in Colorado, as long as they meet the following requirements: both individuals must be at least 18 years old, neither can be in another marriage or domestic partnership, both must consent to being committed to one another, and both must have a "'mutual and open assumption" that they are conducting themselves as a married couple.
If a couple has a valid common-law marriage in Colorado, then other states must recognise them as married. The Social Security Administration will also recognise the marriage as valid, as long as the couple submits evidence of their common-law marriage. This evidence can include a "'Statement of Marital Relationship" (form SSA-754), a statement from a blood relative affirming the marriage (form SSA-753), and other documents such as mortgage or rent receipts, insurance policies, or bank records.
It is important to note that the recognition of common-law marriages established abroad may vary and may require an opinion from the Social Security legal office. Additionally, if a couple lives in a state that does not recognise common-law marriage, they will not be recognised by Social Security.
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Criteria for common-law marriage in Colorado
Common-law marriage in Colorado is a confusing topic for many because very few people understand what it means to be common-law married and who decides whether a couple meets the criteria for such a marriage. It is often misunderstood and is sometimes confused with a civil union or domestic partnership. However, common-law marriage is a legal and binding concept in Colorado, and the state handles legal matters related to common-law spouses similarly to matters in a traditional marriage.
Colorado is one of the few remaining states that recognize common-law marriage. If your state recognizes common-law marriage, you may be eligible to receive Social Security spousal or survivor benefits. If your common-law marriage is valid in the state in which it began, all states will recognize the marriage. However, if your state does not recognize common-law marriage, you will not be recognized as married by Social Security.
To be considered common-law married in Colorado, a couple must meet specific criteria and demonstrate their intention to be married through their actions and behaviour. Here are the criteria for common-law marriage in Colorado:
- Both parties in the relationship must be at least 18 years old.
- Neither person can be in a marriage or domestic partnership with a third party. They must be free to contract a valid ceremonial marriage, meaning they are not already married to someone else.
- Both parties must consent to being committed to one another and have a "mutual and open assumption" that they are conducting themselves as a married couple. They must agree to be married and then act like a married couple.
- The couple must demonstrate their intention to enter into a marital relationship, sharing a life together as spouses in a committed, intimate relationship of mutual care, support, and obligation.
- While cohabitation is a relevant factor, it is not required, and no specific duration of cohabitation is necessary. Simply living together for a period of time does not create a common-law marriage.
- The couple must not have any legal impediments to contracting marriage, such as a prohibition by C.R.S. 14-2-110, which includes bigamy and incest.
If there is a dispute about whether a common-law marriage existed, the Court will hold a hearing to determine the validity of the marriage. The court will consider various types of evidence, including the couple's references to or labels for one another, their conduct, and any relevant documents. The burden of proof lies with the person claiming the existence of a common-law marriage, and the evidence must be clear, consistent, and convincing.
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Evidence of common-law marriage
Social security recognizes common-law marriages if the couple lives in a state that recognizes common-law marriage and the couple submits evidence of a common-law marriage. Colorado is one of the 12 states that recognize common-law marriage.
Evidence of a common-law marriage in Colorado includes:
- Holding themselves out to the public as husband and wife
- Maintaining a joint checking and/or savings account
- Registration as husband and wife on applications, leases, contracts, registers, etc.
- The woman taking the man's last name
- Sharing a joint address
- Filing joint tax returns
- Filling out an affidavit swearing that a couple is married
- The couple's references to or labels for one another (calling each other husband/wife)
The Supreme Court of Colorado requires evidence of marital conduct to make a determination on a common-law marriage. There is no single element that will prove or disprove a common-law marriage. The court will consider all the evidence together.
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Benefits of common-law marriage
Social Security regulations list 10 states that currently recognize common-law marriage, including Colorado. Common-law marriage is a legal framework in which a couple who lives together for an extended period is seen as legally married, even without the traditional ceremonies or a marriage license.
The benefits of common-law marriage include:
- Marital rights and responsibilities: Common-law marriages are granted the same rights and responsibilities as formally married couples, including spousal Social Security benefits.
- Tax benefits: Recognized common-law spouses are exempt from the gift tax for gifts to each other and can claim deductions for mortgage interest if they co-own a house or have children.
- Medical benefits: Combining health insurance policies may reduce monthly premiums for couples recognized as married in an eligible state.
- Inheritance: Common-law spouses can inherit each other's property with a valid will.
- Medical power of attorney (POA): A common-law spouse can be designated as the person to make medical decisions when the other spouse is incapable.
- Recognition: Common-law marriage is a way for couples to be recognized as married without undergoing formal procedures, which may be advantageous for those who wish to avoid the legal complexities of traditional marriage.
It is important to note that the laws governing common-law marriages vary from state to state, and some states have stopped recognizing them. As such, it is essential to understand the specific requirements and protections of common-law marriage in your jurisdiction.
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Other states' recognition of Colorado common-law marriages
Common-law marriages in Colorado are recognized by the federal government and every state, including those that do not authorize such marriages. This is due to the U.S. Constitution's requirement for states to give "full faith & credit" to the laws of other states. However, dissolving a common-law marriage in another state can be challenging, especially if one party denies the existence of the marriage. In such cases, the court would need to refer to Colorado law to determine the validity of the common-law marriage.
While Colorado recognizes common-law marriages, it is important to note that not all states do. As of 2023, only 11 states and the District of Columbia recognize common-law marriages: Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia. Some states have specific laws or conditions regarding common-law marriages. For example, Oklahoma has conflicting laws, and New Hampshire only recognizes them for inheritance purposes.
Sixteen states previously recognized common-law marriages, and if a couple entered into such a marriage when it was legal in their state and met the state's criteria, Social Security will still affirm it. These states include Alabama, Georgia, Idaho, Ohio, and Pennsylvania, where common-law marriages were recognized until 2017, 1997, 1996, 1991, and 2005, respectively.
It is important to understand the specific requirements and criteria for establishing a common-law marriage in each state, as they vary widely. In Colorado, a common-law marriage is more than just cohabitation; it requires cohabitation, an agreement to be married, and holding oneself out as married. Both parties must be free to contract a valid ceremonial marriage and must present themselves as a married couple to others.
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Frequently asked questions
Yes, social security recognizes common-law marriage if the couple lives in a state that recognizes common-law marriage and the couple submits evidence of a common-law marriage.
Evidence to prove a common-law marriage in the US includes a statement from each spouse and a statement from a blood relative of each. If either spouse is deceased, you will need a statement from the surviving widow or widower and statements from two blood relatives of the deceased.
A common-law marriage in Colorado is applied to couples who are in a committed relationship when said relationship appears to be a marriage but lacks the formal documentation that sanctions the marriage by the state (i.e., a marriage certificate).
Both individuals in the relationship must be at least 18 years old, cannot be in another marriage or domestic partnership, and must consent to being committed to one another. Both individuals must also have a ""mutual and open assumption" that they are conducting themselves as a married couple.
Yes, Colorado is one of the few remaining states that recognize common-law marriage.
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