Social Security estimates that it provides monthly benefits to about 5 million widows and widowers, who are collecting the benefits based on their deceased spouse’s earnings record. Spouses can also be eligible for past-due benefits owed to a deceased wife or husband if it was established the deceased was disabled prior to passing away and receiving any disability benefits. These types of benefits have many different rules, like pretty much all Social Security programs, but we are not going to focus on the rules, but rather what happens if a spouse passes away who was in a common-law marriage. There are a total of 16 states that honor common-law marriage in one form or another. If the relationship meets the specific criteria of each individual state, a common-law marriage can be established even if the couple was never “legally” married. Despite the fact that Social Security is a federal program, benefits can be paid to a spouse in a common-law marriage, but there needs to be much more proof of the common-law marriage offered before Social Security is going to provide monthly benefits.
How Do You Prove A Common-Law Marriage?
Evidence to prove a common-law marriage in the States that recognize such marriages must include:
- If the husband and wife are living, a statement from each and a statement from a blood relative of each;
- If either the husband or wife is dead, a statement from the surviving widow or widower and statements from two blood relatives of the decedent; or
- If both a husband and wife are dead, a statement from a blood relative of the husband and from a blood relative of the wife.
How Should The Statements Be Made?
The statements of the husband, wife, and relatives must be made on special forms, Statement Regarding Marriage or Statement of Marital Relationship, available at any Social Security office or on the Social Security Administration’s website. You must fully answer all items on the forms and in your own words. Also, submit evidence that confirms that you had a common-law marriage, such as mortgage/rent receipts, bank records, insurance policies, etc.
What If You Cannot Get Statements From Your Relatives?
If you adequately explain why you cannot obtain the required statements from relatives, you may submit statements from other persons who know the facts. Provide any other investigative evidence relating to your case.
More traditional, ceremonial marriages are much easier to prove to Social Security and to qualify for month benefits.
How Do You Prove A Ceremonial Marriage?
You prove a ceremonial marriage by providing:
- A certified copy of the public record of the marriage;
- A certified copy of the religious record of the marriage; or
- The original marriage certificate.
Is Any Other Evidence Acceptable?
Social Security prefers the types of evidence listed above. If none of this evidence is available, you may submit the following types of evidence:
- A signed statement from a member of the clergy or public official who performed the marriage; or
- Other evidence of investigative value, e.g., statements of witnesses, newspaper accounts, photos taken of the ceremony.
In some cases, evidence obtained for other purposes may also serve as evidence of marriage. You must provide statements concerning certain details of your marriage and document the fact that the preferred proofs are not available.
