Common-Law Marriage and Social Security Benefits

Common-Law Marriage and Social Security Benefits

The definition of marriage has always been a hot topic. In the past several years, we’ve seen more and more court cases and news debating this, and as a result, more people from this community have been wondering:

What about the impact of common-law marriages and Social Security benefits? How do these types of relationships get classified in the eyes of the Social Security Administration?

Let’s take a look at the topic today so you can fully understand how Social Security benefits and common-law marriages go together.

The Social Security Administration’s Rules on Common-Law Marriages

The Social Security Administration is not known for their simple, plain language in most cases. So you might be surprised to learn that when it comes to common-law marriages and Social Security benefits…

The rules are actually quite straightforward! According to the SSA, a common-law marriage is a valid marriage. And as such, a common-law couple will be able to claim the same benefits as a couple who followed the “traditional” marriage route.

Common-Law Marriages Are Entitled to the Same Benefits As “Traditional” Marriages

The Social Security benefits you receive as a common-law marriage couple include spousal benefits, survivor benefits and even benefits from an ex-common law spouse.

While that part of the rule is straightforward, there is a bit of a catch: meeting the requirements of a common-law marriage.

These requirements are not as easy as some may think to achieve. Many people incorrectly assume that a common-law marriage is sealed after a certain time period of living together, but it’s not always so simple.

What Qualifies as a Common-Law Marriage?

To make sure I fully understood the rules before sharing them with you, I reached out to my friend Lisa Shoalmire.

Lisa is an Elder Law attorney and a founding partner of the Ross & Shoalmire, LLP Elder Law Firm.

Lisa is well-versed in the rules around common-law marriages and how the SSA sees these relationships. Here’s what she told me:

“Generally, the Social Security Administration will recognize a common-law marriage as valid if the following requirements are met:

First, the common law marriage must be contracted in a state where common-law marriages are recognized. Less than half of the fifty states recognize [these relationships as legally binding].

In states that do recognize common-law marriage, usually 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.

Second, there must be an agreement to marry. This agreement must:

  • Propose a permanent union that is exclusive
  • Be in the present tense
  • Propose a marital status that cannot be terminated at will but can be terminated only in the same manner as a “traditional” marriage, i.e., death, divorce or annulment

Third, the marriage must be entered into by mutual consent of the couple to become husband and wife from that time forward.

Finally, both individuals must be legally capable of entering into a valid marriage such as having the mental capacity to marry or not otherwise be legally married to someone else at the time of entering into the common-law marriage.”

Lisa went on to tell me that many have assumed they were in a common-law marriage, but often find out otherwise when the relationship ends or a death occurs.

If you have questions about the validity of your marriage, you need to see an attorney who can help with this. To find one near you, visit LegalMatch.

What You’ll Need for Social Security Benefits in a Common-Law Marriage: Proof of Marriage

Let’s say you believe you meet all of the requirements for a common-law marriage. What do you need to have in order to apply for Social Security  benefits?

The Social Security Administration mandates that you must provide evidence of your marriage. Evidence to prove a common-law marriage in the States that recognize such marriages must include:

  • A statement from each spouse and a statement from a blood relative of each, if both spouses are living, OR
  • If either spouse is deceased, you will need a statement from the surviving widow or widower and statements from two blood relatives of the decedent, OR
  • A statement from a blood relative of each spouse if each individual has passed away.

The statements from a relative must be made on the Social Security Administration’s official form. You can find this form, called a Statement Regarding Marriage or Statement of Marital Relationship, at any Social Security office.

For more information, see the language on proving eligibility for a common-law marriage in the Social Security Handbook here

Note that the Social Security Administration will also ask you to attach evidence that confirms that you had a common-law marriage, such as mortgage/rent receipts, bank records, insurance policies, and so on.

Don’t Forget: The Rules May Vary, Depending on Your State

It’s important to note that the rules in each state vary greatly on what is required to have a recognized common law marriage.

Since the Social Security Administration takes its lead from individual state law when determining benefits eligibility, it’s important to understand where the individual states differ.

The Social Security’s website has a state-by-state description of how each state treats common law marriage if you need more information.

Have More Questions?

If you still have questions, you could leave a comment below, but what may be an even greater help is to join my FREE Facebook members group. It’s very active and has some really smart people who love to answer any questions you may have about Social Security. From time to time I’ll even drop in to add my thoughts, too. 

You should also consider joining the 100,000+ subscribers on my YouTube channel! For visual learners (as most of us are), this is where I break down the complex rules and help you figure out how to use them to your advantage. 

One last thing that you don’t want to miss: Be sure to get your FREE copy of my Social Security Cheat Sheet. This handy guide takes all of the most important rules from the massive Social Security website and condenses it all down to just one page.

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Debbie Brooks
Debbie Brooks
1 year ago

My late husband and I have lived common law together for over 20 yrs. We filed taxes jointly, joint bank accounts, joint owners of 2 homes, ect. he passed away in oct 2019. I am having to find a lawyer to fight for survivor benefits because we only got married on paper in july. He wasmadopted when he was a baby & always said he didn’t have any family. So I can’t get blood relatives to fill out any paperwork.

Ashley Storz
Ashley Storz
1 year ago

Lawyer’s for kans as common law advice

Angela Garcia
Angela Garcia
1 year ago

I live in Texas my husband was retired civil service veteran. He deceased almost 5 yrs ago, even with my name on bank account , income tax I filed, several documents and witnesses that we lived together as husband and wife not one government agency has released any benefits/insurance/entitlements etc. I lost home, vehicles and to make it all worst funeral home didn’t add my name on death certificate even after I signed on contract to top it off they moved his remains to another location without my consent or any notification. Still I’m filing out documents and appeals but… Read more »

2 years ago

is a foreign spouse continously recieve a us pension even if she had already a new cohabitant(not a us citizen) and already a child of their own..? thank you for your reply. ihope u can help me..

2 years ago

is a foreign spouse a wife of a deceased us citizen can continously recieve even if she have already a new cohabitant(not a us citizen) and already have a child of their own???

Kathy Smith
Kathy Smith
2 years ago

My friend has lived in No Carolina for over 20 yrs and her significant other just passed she was not married to him but did use his last name and had 1 child with him it said that state does not recognize common law marriage but the funeral home applied and sent death cert to social security does this mean she will be denied? hope not

Sarah Smith
2 years ago

It’s interesting that to prove a common law marriage, you need a statement from both individuals in the marriage as well as a statement from a blood relative of each. I would have thought that you would only need a statement from the people who are married to each other. This makes me wonder if there are attorneys who can help people gather the proof for a common law marriage so that Social Security is satisfied.

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