Common Law Marriage Social Security Benefits
If you and your spouse have a common law marriage, you may be able to receive the same Social Security benefits afforded to couples with a traditional marriage contract recognized by their state. However, this is no guarantee; the Social Security Administration (SSA) recognizes common law marriages only in very specific circumstances--and not only that: you'll have to undergo a rigorous procedure to prove to the SSA that you and your spouse have a recognized common law marriage. Here's a brief glance at what Social Security benefits you can receive from your spouse and how couples married through common law can claim them.
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Social Security Benefits Through Marriage
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If you and your spouse are both living, you are both entitled to benefits based on your own earnings or a spouse's benefit that is equal to 50 percent of the higher earner's income. Benefits are reduced if they are claimed before retirement age--a wife claiming a spouse's benefit at age 62 receives 35 percent of her husband's primary insurance amount, not the 50 percent payable at age 66. Widows and widowers receive a survivor's benefit that is 100 percent of their spouse's benefits. The longer a spouse waits to claim benefits, the more money he or she can receive. This makes marriage an attractive prospect for someone contemplating where his or her retirement income will come from. (REF 2)
Proving a Common Law Marriage
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According to the SSA, only evidence to prove that a union existed in a state that recognizes common law marriage can be considered when allocating Social Security benefits. If both spouses are living, this requires a statement from both, as well as a statement from a blood relative. If one of the spouses is deceased, a statement from the surviving spouse and statements from two of the deceased's blood relatives is required. If both spouses are deceased, a statement from a blood relative of both spouses is required to prove that the couple had a common law marriage. (REF 3)
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How Are Statements Made?
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Certain forms are required to make statements alleging the existence of a common law marriage. Statement Regarding Marriage or Statement and Marital Relationship forms can be obtained through any Social Security office or downloaded from the SSA's website (www.ssa.gov). These forms must be answered in their entirety using your own words. Evidence to support your common law marriage, such as mortgage receipts, financial records and insurance policies, must also be included when the forms are submitted to the SSA. (REF 3)
More About Relatives' Statements
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What happens when you can't get a relative to submit a statement to support your common law marriage? The SSA permits the statement of other people who are close to you and know the circumstances of your common law marriage, such as friends, to be substituted in lieu of relatives' statements. (REF 3)
What States Recognize Common Law Marriage?
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Common law marriage is not recognized in all states, and some of the states that do so apply restrictions. States that currently recognize common law marriages in the same manner as traditional marriages are: Alabama, Colorado, District of Columbia, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas, and Utah. Other states recognize common law marriages that were formed before a specific date: Georgia, if the marriage was created before January 1, 1997; Idaho, if it was created before January 1, 1996; Ohio, if it was created before October 10, 1991; and Pennsylvania, if it was created before January 1, 2005. New Hampshire recognizes common law marriages only for the purpose of inheritance. (REF 1)
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