Cecily Zamora
The Social Security Administration (SSA) recognizes common-law marriages, but only if the marriage is considered valid in the state where it was contracted. To prove a common-law marriage, the SSA requires evidence that the couple intended to be married and presented themselves as such. This may include a statement from each spouse and a statement from a blood relative of each, or, if one spouse is deceased, a statement from the surviving spouse and two blood relatives of the deceased. The SSA will also accept a statement from a blood relative of each spouse if both individuals have passed away.
| Characteristics | Values |
|---|---|
| Recognition by Social Security Administration (SSA) | The SSA recognizes common-law marriages as valid, provided they are valid in the state where the marriage was contracted. |
| State recognition | Common-law marriage must be recognized in the state where it was established. Less than half of the 50 states recognize common-law marriages as legally binding. |
| Basic requirements | Both parties must be free to marry, consider themselves married, and live together as a married couple. |
| Additional requirements | Requirements vary by state but may include sharing income and expenses, holding themselves out as a married couple, and agreeing to a marital status that cannot be terminated at will. |
| Evidence | Statements from both spouses and a blood relative of each are typically required. If either spouse is deceased, a statement from the surviving spouse and two blood relatives of the deceased are needed. |
| Documentation | The SSA-754 Statement of Marital Relationship form must be completed and submitted by both spouses. |
| Benefits | Both parties in a common-law marriage are entitled to the same benefits as a traditionally married couple, including spousal, survivor, and death benefits. |
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What You'll Learn
Common-law marriage recognition by the Social Security Administration (SSA)
The Social Security Administration (SSA) does recognize common-law marriages, but only if the marriage is valid under the relevant state's laws. Less than half of the fifty states recognize common-law marriages as legally binding.
In states that do recognize common-law marriages, the parties must live together and hold themselves out to the public as husband and wife. There must be an agreement to marry, and this agreement must propose a marital status that cannot be terminated at will but can only be terminated in the same manner as a "traditional" marriage. The marriage must be entered into by the mutual consent of the couple to become husband and wife.
To apply for Social Security benefits, the SSA mandates that you must provide evidence of your common-law marriage. This evidence must include a statement from each spouse and a statement from a blood relative of each, if both spouses are alive. If either spouse is deceased, you will need a statement from the surviving spouse and statements from two blood relatives of the deceased. If both spouses are dead, a statement from one blood relative of each spouse is required. All statements should explain why the signer believes there was a marriage between the two persons.
If you move to another state after establishing a common-law marriage in a state that allows them, the state where you're living now 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.
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State laws and common-law marriage validity
The Social Security Administration (SSA) follows state law when determining whether a couple has a valid common-law marriage. Common-law marriage is an informal marriage where couples do not have a marriage license, ceremony, or certificate. While the specific requirements vary by state, there are some general requirements that must be met for a common-law marriage to be considered valid. These include:
- Establishing a life together as a married couple in a state that recognizes common-law marriage
- Both parties must have the legal capacity to marry (e.g., being of legal age and not currently married to someone else)
- Both parties must intend to be married, despite not having a ceremony or license
- Both parties 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, friends, and the community
It's important to note that not all states recognize common-law marriages. As of 2022, the following states fully recognize common-law marriages: Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah, South Carolina, and New Hampshire have limited recognition of common-law marriages, and 13 states have never permitted it.
If a couple moves to another state after establishing a common-law marriage in a state that allows it, the new state must recognize their marriage. This means that they may be eligible for Social Security survivors or spouses' benefits in any state, as long as their common-law marriage was valid under the laws of the state where it was established. Additionally, same-sex couples can establish valid common-law marriages, as the Supreme Court's decision in Obergefell v. Hodges (2015) legalizing same-sex marriage applies to common-law marriages as well.
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Evidence and documentation requirements for common-law marriage
A common-law marriage is a marriage that is considered valid under certain state laws, even though there was no formal ceremony. Individuals who are or were in valid common-law marriages may be eligible for Social Security benefits. The Social Security Administration (SSA) follows state law when determining whether a couple has a valid marriage.
The exact evidence and documentation required to prove a common-law marriage will depend on the laws of the state in which the couple lives. However, some general requirements and examples of evidence include:
- Both parties must have been free to marry, i.e., not married to anyone else, and old enough to marry.
- Both parties must have considered themselves married and lived together as a married couple.
- Actions that demonstrate the intention to be married, such as living together, sharing income and expenses, and holding themselves out as a married couple to family, friends, and the community.
- An agreement or other official documents signed by both partners declaring their intention to marry.
- Documents showing that either party or their children assumed their partner's last name.
- Affidavits from friends and family who are familiar with the relationship and can attest to the length of time the couple has lived together, any public announcements of the marriage, and whether the community considers them married.
- Driver's license or Social Security number card showing a name change that matches the partner's name.
- If either party is deceased, the signed statements of the surviving partner and two blood relatives of the deceased.
- If both parties are deceased, the signed statements of one blood relative from each side.
It is important to note that the laws regarding common-law marriage may change over time, and same-sex couples may face additional challenges in gathering the required evidence. An experienced family law attorney can provide specific advice and guidance on proving a common-law marriage in a particular state.
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Benefits eligibility for common-law spouses
The Social Security Administration (SSA) recognizes common-law marriages. Both parties to a common-law marriage are entitled to the same benefits as a couple in a traditional marriage. However, 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.
To prove common-law status to the SSA, you will need to provide evidence of your common-law marriage, such as mortgage/rent receipts, bank records, insurance policies, etc. Both spouses will also need to complete and submit the form titled SSA-754 Statement of Marital Relationship. Each spouse will also need a blood relative to complete and submit another form called SSA-753 Statement Regarding Marriage.
The preferred evidence of a common-law marriage is:
- If both the husband and wife are alive, their signed statements and those of two blood relatives.
- If either spouse is dead, the signed statement of the living spouse and those of two blood relatives of the deceased.
- If both spouses are dead, the signed statements of one blood relative from each side.
It is important to note that if you move to another state after establishing a common-law marriage in a state that allows them, the new state must recognize your marriage. This means that you may receive Social Security survivors or spouses' benefits in any state, as long as your common-law marriage was created in a state that permitted it.
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Common-law marriage and divorce
A common-law marriage is a marriage that is considered valid under certain state laws, even without a formal ceremony. The Social Security Administration (SSA) recognizes common-law marriages, but only if they are contracted in a state where such marriages are recognized. Less than half of the fifty states recognize these relationships as legally binding.
To prove a common-law marriage, the following requirements must be met:
- The couple must live together and hold themselves out to the public as husband and wife.
- There must be an agreement to marry, which proposes a marital status that cannot be terminated at will but can only be terminated in the same manner as a "traditional" marriage (death, divorce, or annulment).
- The marriage must be entered into by mutual consent of the couple to become husband and wife.
The SSA requires certain evidence to prove a common-law marriage. This includes a statement from each spouse and a statement from a blood relative of each, if both spouses are alive. If one spouse is deceased, a statement from the surviving spouse and two blood relatives of the deceased is required. If both spouses are deceased, a statement from one blood relative of each is needed. These statements should explain why the signer believes there was a marriage between the two persons.
Individuals who are or were in valid common-law marriages may be eligible for Social Security benefits (spousal, survivor, and death benefits) based on their spouses' status. This includes same-sex couples who established valid common-law marriages under state law before 2015. It is important to note that there is no such thing as a "common-law divorce." To legally end a common-law marriage, one must go through a regular divorce in their state's courts.
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Frequently asked questions
A common-law marriage is a marriage considered valid under state laws without a formal ceremony. It is a marriage between two consenting adults who are free to marry, consider themselves married, and live together as a married couple.
Yes, the SSA recognizes common-law marriages as valid, provided they are contracted in a state where such marriages are recognized and meet the requirements of that state.
The requirements may vary by state, but generally include:
- The couple must have the legal capacity to marry (e.g., being of legal age and not currently married).
- Both parties must intend to be married and present themselves as such to family, friends, and the community.
- The couple must live together and share income/expenses.
To prove a common-law marriage, the SSA requires evidence, including signed statements from both spouses and, in some cases, statements from blood relatives of each spouse. These statements should explain why the signer believes the couple is married. Additionally, the couple may need to complete and submit a form called the "SSA-754 Statement of Marital Relationship."
