Cameron Miranda
The Social Security Administration (SSA) does recognize common-law marriages, provided that the marriage was established in a state that permits them. Both parties to a common-law marriage are entitled to the same benefits as a couple in a traditional marriage. However, a person cannot receive their Social Security Disability Insurance (SSDI) payment and the full spousal benefit at the same time. To recognize a common-law marriage, the SSA requires the couple to have a valid common-law marriage according to their state's laws. This varies from state to state, but generally requires that the couple intends to be married and presents themselves as such.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage by SSA | Yes, as long as it is recognized by the state |
| Benefits | Common-law spouses are entitled to the same benefits as traditionally married couples |
| Evidence required | Statements from both spouses affirming the marriage, statements from blood relatives of each spouse, mortgage/rent receipts, bank records, insurance policies, etc. |
| State recognition | Varies from state to state; eight states still allow it, while five states no longer allow it but recognize marriages formed before a specified date |
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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 and valid form of marriage, and in states that allow it, couples in a common-law marriage have the same rights as couples who went through a formal marriage process.
The Social Security Administration (SSA) will acknowledge common-law marriages that were established in states that permit them. The SSA follows state law when determining whether a couple has a valid marriage. Therefore, to be eligible for benefits based on a spouse's earnings, a couple must have met the requirements to establish a common-law marriage in their state.
The requirements for a common-law marriage vary by state, but some general requirements include:
- Living together: There is no statutory requirement for the length of time a couple needs to live together, but generally, the longer they live together, the stronger their case is for a common-law marriage.
- Legal right or "capacity" to marry: Both partners must have the legal capacity to marry, meaning they must be of sound mind and not already married to other people. Usually, this also means they must be at least 18 years old.
- Intent: Both partners must intend to be married and behave as a married couple, holding themselves out as a married couple to friends, family, and the public.
- State recognition: The couple must live in a state that recognises common-law marriage.
If a couple moves to another state that does not recognise common-law marriage, their marriage will still be valid as long as it was established in a state that permitted it.
To prove a common-law marriage, evidence may be required, such as statements from each spouse affirming the marriage and statements from blood relatives of each spouse. Other documents such as lease agreements, tax returns, and insurance policies may also be requested.
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Evidence of common-law marriage
The Social Security Administration (SSA) will only acknowledge common-law marriages that were established in states that permit them. If you move to another state after establishing a common-law marriage in a state that allows them, your current state of residence must recognize your marriage. This means that you may receive Social Security survivors or spouses' benefits in any state, provided your common-law marriage was created in a state that permitted it.
To be eligible for benefits based on your spouse's or former spouse's earnings record, you must provide evidence of a valid common-law marriage. The exact evidence required depends on the laws of the state in which the marriage was established. However, some general examples of evidence that may be used to prove a common-law marriage include:
- Statements from each spouse affirming the marriage, as well as statements from a blood relative of each spouse regarding the marriage.
- If your spouse has died, you will need to provide your statement affirming the marriage, along with statements from two blood relatives of your deceased spouse.
- Affidavits from friends and family who are familiar with your relationship and can attest to your marriage.
- Documents that show one spouse has assumed the surname of their common-law spouse.
- Deeds showing title to property held jointly by both parties in the common-law marriage.
- Bank statements and checks showing joint ownership of accounts.
- Loan documents, leases, mortgages, and promissory notes that show joint financial obligations.
- A determination by a court or another agency that you had a valid common-law marriage.
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Common-law marriage and SSA benefits
The Social Security Administration (SSA) does recognize common-law marriages, and both parties to such a marriage are entitled to the same benefits as a couple in a traditional marriage. However, this recognition is dependent on the marriage being established in a state that permits common-law marriages. In other words, the SSA follows state law when determining whether a couple has a valid marriage.
To be eligible for benefits based on a common-law spouse's earnings, the couple must provide evidence to prove that they were in a valid common-law marriage. This is because, while some states recognize common-law marriages, others do not. The SSA will ask for specific evidence to prove a common-law marriage, including signed statements from both spouses affirming the marriage, as well as statements from blood relatives of each spouse. If one of the spouses is deceased, the living spouse will need to provide their own statement, along with statements from two blood relatives of the deceased spouse. Other evidence, such as mortgage/rent receipts, bank records, and insurance policies, may also be submitted to support the claim.
It is important to note that spouses cannot receive their own Social Security Disability Insurance (SSDI) payment and the full spousal benefit simultaneously. Instead, they will receive a combination of the two benefits, resulting in them getting the higher of the two amounts.
Even if a couple moves to a state that does not recognize common-law marriages, as long as their common-law marriage was established in a state that permitted it, the SSA will recognize their marriage for the purpose of benefits. Additionally, some states, like Pennsylvania, may still recognize common-law marriages if there is clear and convincing evidence that the couple exchanged words with the specific intent to establish a legal relationship as husband and wife, even if this occurred before the state's specified date for recognizing such marriages.
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Common-law marriage and divorce
The Social Security Administration (SSA) does recognize common-law marriages, and both parties to such a marriage are entitled to the same benefits as a couple in a traditional marriage. However, a person cannot receive their Social Security Disability Insurance (SSDI) payment and the full spousal benefit simultaneously.
To recognize a common-law marriage, the SSA requires that the couple has a valid common-law marriage according to their state's laws. This varies from state to state, but generally requires that the couple intends to be married and presents themselves as such. In some states, like Pennsylvania, there must be clear and convincing evidence that the couple exchanged words in the present tense, with the specific purpose of establishing the legal relationship of husband and wife. Other states require that the couple lives together as husband and wife and meets certain other requirements.
If you have 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. You will need to provide evidence to prove that you were in a valid common-law marriage, such as statements from each spouse affirming the marriage and statements from a blood relative of each spouse.
It is important to note that there is no such thing as a "common-law divorce." If you establish a common-law marriage and then your relationship ends, you must obtain a legal divorce from a court of competent jurisdiction. You cannot terminate your common-law marriage in any other way, and you cannot legally marry again unless you obtain this divorce.
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Common-law marriage in Texas and Pennsylvania
The Social Security Administration (SSA) will only acknowledge common-law marriages that were established in states that permit them. This means that if a couple has established a valid common-law marriage in a state where it is legally recognized, the SSA will recognize their marriage for the purpose of benefits even if they later move to a state that does not allow common-law marriages.
Common-law marriage, also known as marriage without formalities or informal marriage, is a valid and legal way for a couple to marry in Texas. To prove a common-law marriage in Texas, couples must show that they:
- Lived together
- Agreed that they were married
- Presented themselves to others as a married couple
Documents that can be used to prove a common-law marriage in Texas include lease agreements, tax returns, and insurance policies. If no declaration was filed and there is a dispute as to whether a common-law marriage existed, it may be necessary to go to court in order to prove the marriage. Texas law places a two-year statute of limitations on these types of proceedings.
Texas law states that all property acquired during a common-law marriage is considered community property and will be divided in the same way as in a formal marriage. Additionally, if a spouse dies without a will, the surviving spouse is entitled to inherit from their estate.
On the other hand, Pennsylvania does not recognize common-law marriages. Therefore, if a couple established a common-law marriage in Texas and then moved to Pennsylvania, their common-law marriage would still be recognized in Pennsylvania, even though the state does not allow them to be formed there.
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Frequently asked questions
Yes, the Social Security Administration (SSA) does recognize common-law marriages. However, the marriage must be established in a state that permits them.
The requirements for a common-law marriage vary from state to state. Generally, the couple must intend to be married and present themselves as such. They must also be free to marry and live together as a married couple. In some states, there may be additional requirements.
Common-law spouses are entitled to the same benefits as couples in a traditional marriage, including spousal, survivor, and death benefits. However, a person cannot receive their Social Security Disability Insurance (SSDI) payment and the full spousal benefit simultaneously.
