Anaya Nolan
The Social Security Administration (SSA) recognizes common-law marriages as valid, entitling couples to the same benefits as those in a traditional marriage. However, the SSA requires proof of a valid common-law marriage, which varies depending on the state. Generally, a couple must live together, present themselves as a married couple, and mutually agree to be married. Evidence of a common-law marriage may include statements from both spouses and a blood relative of each. This evidence is crucial, as it allows common-law spouses to claim spousal benefits, survivor benefits, and even benefits from an ex-common law spouse based on their spouse's earnings record.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage by Social Security Administration (SSA) | Yes, as long as it is recognized by the state law |
| Benefits | Common-law couples are entitled to the same benefits as traditionally married couples, including spousal, survivor, and death benefits |
| Evidence required | Statements from both spouses and a blood relative of each, mortgage/rent receipts, bank records, insurance policies, etc. |
| State recognition | Common-law marriage must be established in a state that permits it. Moving to a state that does not recognize common-law marriage after establishing it in a state that does will not invalidate the marriage |
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What You'll Learn
Common-law marriage recognition criteria
The recognition of common-law marriages varies across different jurisdictions. In the United States, common-law marriages are only recognised in certain states, and the criteria for recognition differ across these states.
Common-law marriages are recognised in Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah, with each state having distinct requirements. For example, in Iowa, there must be a consistent portrayal and actions indicating a marital relationship, while in Texas, an informal marriage registration via a declaration form is accepted.
The Social Security Administration (SSA) in the United States recognises valid common-law marriages in the same way as traditional marriages. However, the couple must first establish that their common-law marriage is valid according to the laws of their state. The SSA requires couples to submit additional documentation, such as the form titled SSA-754 Statement of Marital Relationship, and provide evidence of their common-law marriage, including mortgage/rent receipts, bank records, and insurance policies.
The criteria for a common-law marriage generally include the intention to be married, presenting themselves as married, cohabitation, and, in some states, meeting certain other requirements. The core inquiry is whether the parties intended to enter a marital relationship, characterised by commitment, intimacy, mutual support, and obligation.
While common-law marriages are not recognised in Australia, de facto relationships, which refer to unmarried couples living in certain domestic circumstances, are recognised in the Family Law Act (Commonwealth) and in some states' legislation.
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Evidence requirements for common-law marriage
The Social Security Administration (SSA) recognizes common-law marriages, and both parties to such a marriage are entitled to the same benefits as a traditionally married couple. However, the 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 new state of residence must recognize your marriage.
To prove a common-law marriage, the SSA requires certain evidence to be provided. This includes:
- Statements from both spouses affirming the marriage
- A statement from one of the spouses' blood relatives affirming the marriage, and
- A statement from the other spouse's blood relative affirming the marriage.
All statements must be submitted on special forms (Statement Regarding Marriage or Statement of Marital Relationship) available at the Social Security office and on the SSA website. These statements should explain why the signer believes there was a marriage between the two persons. If one spouse is deceased, the living spouse must provide a statement along with two statements from blood relatives of the deceased spouse. If both spouses are deceased, a statement from one blood relative of each spouse must be provided.
Other evidence that can be used to support a claim of common-law marriage includes:
- Court determinations or decisions by other agencies that a valid common-law marriage existed
- Mortgage/rent receipts
- Bank records
- Insurance policies
- Evidence that the couple lived together as husband and wife on a consistent basis and had a general and broad reputation of being married
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Common-law marriage and spousal benefits
The Social Security Administration (SSA) does recognize common-law marriages. Both parties to a common-law marriage are entitled to all 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. Instead, they will receive a combination of the two benefits, resulting in them receiving the higher of the two.
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. Less than half of the fifty states recognize these relationships as legally binding. In states that do recognize common-law marriage, the parties must live together and hold themselves out to the public as husband and wife. The cohabitation does not have to be in the state where the marriage agreement was made.
To prove a common-law marriage, the SSA may ask for the following evidence:
- If both spouses are alive, their signed statements and those of two blood relatives.
- If either spouse is deceased, a statement from the surviving spouse and statements from two blood relatives of the deceased.
- If both spouses are deceased, a statement from one blood relative of each.
- Other evidence, if the preferred evidence is not available, such as mortgage/rent receipts, bank records, insurance policies, or a determination by a court or another agency that there was a valid common-law marriage.
Once a valid common-law marriage is established, the SSA will need additional documentation, including the SSA-754 Statement of Marital Relationship form completed and submitted by both spouses.
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Common-law marriage and survivor benefits
The Social Security Administration (SSA) recognizes common-law marriages as valid, provided they are established according to the laws of the state in which the couple resides. Common-law marriages are considered valid under certain state laws, even without a formal marriage ceremony, as long as the couple intends to be married and presents themselves as such. This includes living together, sharing income and expenses, and holding themselves out as a married couple to family, friends, and the community.
If a couple has a valid common-law marriage, the SSA will recognize it for the purpose of survivor benefits, even if they later move to a state that does not allow common-law marriages, as long as the marriage was created in a state that permitted it. Both parties in a common-law marriage are entitled to the same benefits as those in a traditional marriage, including spousal benefits and survivor benefits. However, an individual cannot receive their Social Security Disability Insurance (SSDI) payment and the full spousal benefit simultaneously. In such cases, they will receive a combination of the two benefits, resulting in them getting the higher of the two amounts.
To establish a common-law marriage and receive the associated benefits, the couple must provide evidence of their marriage. This typically includes signed statements from both spouses affirming the marriage, as well as statements from blood relatives of each spouse. If one spouse is deceased, the surviving spouse must provide their own statement and statements from two blood relatives of the deceased spouse. Other evidence, such as mortgage/rent receipts, bank records, insurance policies, or a court determination of the common-law marriage, may also be considered.
It is important to note that the requirements for a recognized common-law marriage vary by state, and not all states allow common-law marriages. As such, it is essential to understand the specific laws and requirements of the state in which the couple resides.
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Common-law marriage and state recognition
The Social Security Administration (SSA) recognizes common-law marriages as valid, and views them the same way as a traditional marriage. This means that couples in a common-law marriage are entitled to the same benefits as those in a traditional marriage, including spousal, survivor, and death benefits.
However, the SSA will only acknowledge common-law marriages that were established in states that permit them. The requirements for a valid common-law marriage vary from state to state, but generally, there must be an agreement to marry, and the couple must live together, share finances, and present themselves as a married couple to their community.
To prove a common-law marriage, the SSA may ask for a variety of evidence, including statements from both spouses, and statements from blood relatives of each spouse. Other forms of evidence may include mortgage/rent receipts, bank records, and insurance policies.
It is important to note that, while the SSA recognizes common-law marriages, an individual cannot receive their Social Security Disability Insurance (SSDI) payment and the full spousal benefit at the same time. Instead, they will receive a combination of the two benefits, resulting in them getting the higher of the two amounts.
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Frequently asked questions
Yes, the SSA does recognize common-law marriages. However, it depends on whether the marriage was established in a state that permits common-law marriages.
The basic requirements for a common-law marriage to be recognized by the SSA are that the couple must have the legal capacity to get married, they must have intended to be married, and they must have taken actions that demonstrate that intention, such as living together, sharing finances, and presenting themselves as a married couple.
The evidence required to prove a common-law marriage to the SSA includes statements from both spouses and a statement from a blood relative of each. If one spouse is deceased, a statement from the surviving spouse and statements from two blood relatives of the deceased are required.
Common-law spouses are entitled to the same benefits as couples in a traditional marriage, including spousal benefits, survivor benefits, and benefits from an ex-spouse. However, a person cannot receive their Social Security Disability Insurance (SSDI) payment and the full spousal benefit simultaneously.
