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Does Social Security recognize common-law marriage as a basis of eligibility for receiving survivors and spouses benefits?

April 26, 2017basis Benefits common-law eligibility marriage recognize social security spouse Survivor

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Does Social Security recognize common-law marriage as a basis of eligibility for receiving survivors and spouses benefits?

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The answer to this question is yes, provided the “marriage” is recognized as a valid marriage by the current state of residence of the couple. This usually depends on where the marriage was entered into. In “common-law marriage” states, a valid common-law marriage results whenever a couple lives together for a certain length of time and satisfies whatever other conditions state law may require. Some states simply do not permit common-law marriage, however, no matter how long the couple lives together. But even states that do not permit common-law marriage within their borders generally recognize the validity of common-law marriages lawfully entered into in a “common-law marriage” state.