Does Social Security Recognize Common Law Marriage?



If both spouses are alive, a statement will be required of each of them and also a statement from a blood relative. If; however, one of the spouses have died, a statement from the survivor and statements from two of the deceased blood relatives will be needed. If both spouses have died, a statement from a blood relative of both spouses will be needed in order to prove that there was a common law marriage.

Documents are Needed

In order to prove that a common law marriage existed, certain documents will be needed, proving that the common law marriage existed. These documents will be needed: Statement Regarding Marriage or Statement and Marital Relationship forms. These forms can be found at any Social Security office or downloaded from the SSA’s website. These forms must be filled out carefully and fully and words that only come from you. In addition, you will also need to bring the following forms to back up your evidence” financial records, insurance policies and mortgage receipts.

Friends Can Help

If you are unable to get a relative to submit a statement that supports your common law marriage, you can get statements from others who are close to you—those who know you well such as a close friend. Some states recognize common law marriages while others do not. States that presently recognize common law marriages are: Alabama, Colorado, District of Columbia, Iowa, Kansas, Montana, Oklahoma, Rhode Island, South Carolina, Texas and Utah. Other states like Georgia recognize this kind of union if they were formed before a certain date.

To conclude, when it comes time to apply for Social Security and you are unsure about the documents are needed, then call your local Social Security office or check online.



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