Text: Common-Law Marriages and Social Security The Social Security Administration follows the laws of each individual state when determining the validity of marriages. For an application filed by the spouse of a living worker, SSA uses the laws of the state where the worker lives. For surviving spouses, Social Security applies the laws of the state where the worker lived at the time of death. Since some states recognize common-law marriages--marriages created without a minister, judge or other official performing a formal ceremony--SSA sometimes does, too. Most states don't recognize common-law marriages. Illinois does not. Missouri has not since 1921. The District of Columbia, the Navajo Nation, Iowa, Kansas, Texas, Oklahoma, Utah and just a handful of other states do. Where valid, a common-law marriage is a legal contract that makes people just as married as a ceremonial marriage. Common-law marriages can be terminated only by death, divorce or annulment. A common-law marriage starts with an agreement to form a permanent union exclusive of all others. Usually, the couple must live together as husband and wife--but not for any prescribed length of time. And they must "hold themselves out" to their community as being married. (In other words, they must have the reputation of being married.) SSA develops evidence of common-law marriages by getting signed statements from the husband and wife and from their family members. Corroborating documents--mortgage or rent receipts, insurance policies, medical records, bank records, etc.--are often also used. -Bill Hunot, Social Security Administration, St. Louis MO For answers to other frequently asked Social Security questions, go to www.francesperkins.org

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