Anaya Nolan
The Social Security Administration (SSA) recognises common-law marriages as valid, provided they were established in a state that permits them. Common-law spouses can claim the same Social Security benefits as traditionally married couples, including spousal, survivor, and death benefits. However, to receive these benefits, individuals must provide evidence of their common-law marriage, such as mortgage/rent receipts, bank records, and insurance policies. Additionally, both spouses must submit statements affirming the marriage, and statements from blood relatives may also be required. While the SSA recognises common-law marriages, it is important to note that the requirements and recognition of such marriages vary across different states in the US.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage by SSA | Common-law marriage is recognized by the SSA as a valid marriage, provided it was established in a state that permits it. |
| Benefits for common-law spouses | Common-law spouses can receive Social Security benefits based on their spouse's earnings record, including spousal, survivor, and death benefits. |
| Evidence requirements | The SSA requires evidence of common-law marriage, such as statements from both spouses and their blood relatives, mortgage/rent receipts, bank records, and insurance policies. |
| State recognition | The SSA follows state law in determining the validity of common-law marriage. Recognition and requirements vary across states. |
| Divorce | Common-law marriages cannot be terminated at will and require a legal divorce from a court of competent jurisdiction. |
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What You'll Learn
Common-law marriage and Social Security benefits
In the United States, a common-law marriage is a type of marriage in which a couple gets married without a marriage license or a civil or religious ceremony. Common-law marriages are recognized in only eight US states, and five states recognize common-law marriages formed before a specified date.
The Social Security Administration (SSA) follows state law when determining whether people have a valid marriage. The SSA will only acknowledge common-law marriages that were established in states that permit them. The SSA provides a list of items that must be provided to prove the existence of a common-law marriage. If both spouses are alive, each must provide a statement affirming the marriage, and the spouse applying for benefits must provide a statement from one of their blood relatives and a statement from one of their spouse's blood relatives. If one spouse is deceased, the surviving spouse must provide a statement affirming the marriage and two statements from blood relatives of the deceased spouse. If both spouses are deceased, the person applying for benefits must provide a statement from a blood relative of each spouse. These statements must be submitted on special forms available at the Social Security office and on the SSA website. In addition to these forms, the SSA may ask for evidence of the common-law marriage, such as mortgage/rent receipts, bank records, and insurance policies.
If the above requirements are met, common-law spouses can receive Social Security benefits based on their spouses' earnings records. These benefits include spousal benefits, survivor benefits, and even benefits from an ex-common-law spouse. It is important to note that spouses cannot receive their own SSDI benefit and a full spousal benefit simultaneously. Instead, they will receive a combination of the two that results in them receiving the higher of the two benefits.
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Proving a common-law marriage
Common-law marriage, also known as marriage without formalities or an informal marriage, is a valid and legal way for a couple to marry in certain states. Common-law spouses can get Social Security benefits based on their spouses' earnings records. The Social Security Administration (SSA) follows state law when determining whether people have a valid marriage.
To prove a common-law marriage, you must show evidence by providing certain documents. The exact evidence you'll need depends on your state's laws. Here are some general requirements and examples of documents that may help prove a common-law marriage:
- You established your marriage relationship while living in a state that recognized common-law marriages.
- Both of you intended for your relationship to be a marriage.
- You lived together and held yourself out in public as a married couple.
- Affidavits or personal statements from both spouses affirming the marriage.
- Statements from blood relatives of both spouses affirming the marriage.
- An agreement or other official documents signed by both partners declaring their intention to marry.
- Lease agreements, tax returns, and insurance policies.
- Property deeds.
It's important to note that some states have enacted legislation to eliminate the right to enter into a common-law marriage, so it's crucial to understand the specific requirements and laws of your state.
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Common-law marriage requirements
In the United States, common-law marriage has existed since colonial times, and it continues to be recognised in some states today. Common-law marriage is a legal marriage that does not require a formal ceremony, marriage license, or marriage certificate. Couples in a common-law marriage are considered legally married and enjoy the same rights and benefits as couples who underwent a formal marriage process.
The Social Security Administration (SSA) recognises common-law marriages that were established in states that permit them. To receive Social Security benefits based on a common-law marriage, individuals must meet certain requirements. These requirements vary slightly depending on the state, but there are some general guidelines that apply in most cases.
Firstly, both partners must have the legal capacity to marry. This typically means being of marriageable age (usually 18 years or older), being of sound mind, and not currently married to another person. Additionally, both partners must intend to be married and hold themselves out as a married couple to family, friends, and the community. This means representing themselves as a married couple in their daily lives and taking on the roles and responsibilities typically associated with marriage.
Another important factor is cohabitation. While there is no statutory requirement for the length of time a couple needs to live together, cohabitation for a "significant" period is generally expected. The longer a couple lives together, the stronger their case is for common-law marriage. Living together, sharing finances, and presenting themselves as a married couple to society are all factors that demonstrate the intention to be married.
It is important to note that the requirements for common-law marriage may vary depending on the state. While some states have abolished common-law marriage, others continue to recognise it. As of 2023, common-law marriage is recognised in Colorado, Iowa, Kansas, Montana, Rhode Island, Texas, Utah, Oklahoma, and the District of Columbia. Additionally, five states, including Pennsylvania, no longer allow new common-law marriages but still recognise those formed before a specified date.
When applying for Social Security benefits based on a common-law marriage, individuals may be required to provide evidence of their marriage. This may include statements affirming the marriage from both spouses, as well as statements from blood relatives of both spouses. If one spouse is deceased, the surviving spouse must provide statements from two blood relatives of the deceased spouse. These statements must be submitted on special forms provided by the Social Security Administration.
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Common-law marriage in different states
In the United States, common-law marriage, also known as sui juris marriage, informal marriage, or marriage by habit and repute, is a form of irregular marriage that only survives in a handful of states. Common-law marriage is not recognized at the federal level, and the Social Security Administration (SSA) follows state law when determining whether a couple has a valid marriage.
As of 2022, common-law marriages are recognized in 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 marriage.
Five states, including Pennsylvania, have enacted legislation to eliminate common-law marriage but still recognize unions formed before a specified date. For example, in Pennsylvania, common-law marriages formed on or before January 1, 2005, are still valid.
To have a valid common-law marriage, couples must generally meet the following basic requirements:
- Live in a state that recognizes common-law marriage
- Have the legal capacity to marry (e.g., be of legal age and not married to anyone else)
- Intend to be married, even without a ceremony or license
- Take actions that demonstrate that intention, such as living together, sharing finances, and holding themselves out as a married couple to family, friends, and the community
If a couple establishes a valid common-law marriage in a state that recognizes it, they are entitled to the same benefits as couples married through a religious or civil ceremony. This includes Social Security benefits based on their spouse's earnings record and rights to each other's assets and debts.
It is important to note that there is no such thing as a "common-law divorce." If a common-law marriage ends, a legal divorce must be obtained from a court of competent jurisdiction.
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Common-law marriage termination
Common-law marriage is a legal status that exists in only eight states and Washington, D.C. Common-law marriages are also recognised in some states for limited purposes, such as inheritance. The Social Security Administration (SSA) follows state law to determine whether a couple has a valid common-law marriage. The SSA will only acknowledge common-law marriages that were established in states that permit them.
To prove a common-law marriage, the following criteria must be met:
- Both parties were living in a state that recognises common-law marriage
- Both parties were capable of getting married (e.g. being old enough and not being married to anyone else)
- Both parties intended to be married, despite not having a ceremony or licence
- Both parties took actions to demonstrate that intention, such as living together, sharing income and expenses, and holding themselves out as a married couple
If a couple has established a valid common-law marriage, they may have rights to each other's Social Security benefits, including spousal, survivor, and death benefits. They may also have rights to each other's assets and debts.
To terminate a common-law marriage, a legal divorce must be obtained from a court of competent jurisdiction. The process for dissolving a common-law marriage is similar to that of a traditional marriage, including filing a divorce petition and addressing legal issues such as child custody, spousal support, and property division. Both parties are free to enter into another relationship after the divorce, but any subsequent marriage before obtaining the divorce judgment would be considered invalid.
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Frequently asked questions
A common-law marriage is a type of marriage where a couple gets married without a marriage license or a civil or religious ceremony. Common-law marriages are recognized in less than half of the fifty states in the US.
Yes, the SSA recognizes common-law marriages as valid, provided the marriage was established in a state that recognizes such marriages. The SSA will ask for evidence of the marriage, such as statements from blood relatives, mortgage/rent receipts, bank records, insurance policies, etc.
Common-law spouses are entitled to the same benefits as couples in a traditional marriage. This includes spousal benefits, survivor benefits, and benefits from an ex-common law spouse.
