Social Security - Recognize Common Law Marriages?
Once in a while I am asked whether the Social Security Administration recognizes common law marriages. The answer is that Social Security follows the laws of the state where the worker was residing at the time of death or the place where the worker is residing when the spouse applies for benefits. In order for a common law marriage to be valid, it must have been contracted in a state such marriages are recognized as valid. Many states, including Maryland and Virginia, do not honor common-law marriages, so you should check local laws. However, most states (even Maryland and Virginia) will generally recognize a common-law marriage validly entered into in another state. It is important to check the laws of the appropriate state.
To learn about social security disability law issues, please read social security FAQ.
To learn about our social security disability lawyers, please read our law firm bio on Dory Sutker, or Suja Varghese.
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