Spousal & Divorced Benefits
How Common-Law Marriages Are Deemed Valid for Social Security Benefits
Verified against SSA POMS as of September 21, 2026
The short answer
Social Security may recognize a common-law marriage if the marriage is valid under applicable state law. Requirements vary by state but may include a mutual agreement and intent to be married, legal capacity to marry, cohabitation, and holding yourselves out publicly as a married couple.
Common-Law Marriage Requirements
A common-law marriage is a marriage established without a formal civil or religious ceremony. SSA determines whether a valid common-law marriage exists according to applicable state law.
Requirements vary by state but may include:
- * mutual agreement and present intent to be married;
- * legal capacity to marry;
- * cohabitation; and
- * holding yourselves out publicly as a married couple.
Not every state requires exactly the same elements.
GN 00305.060State Recognition of Common-Law Marriages
Whether a common-law marriage can be established depends on state law. Some states currently permit common-law marriages, while others recognize only those established before a specified date. States may also recognize a valid common-law marriage established in another jurisdiction even though a new common-law marriage cannot be established in that state.
For example, Alabama no longer permits new common-law marriages entered into on or after January 1, 2017, but continues to recognize valid common-law marriages established before that date.
GN 00305.075 View source ›Proving a Common-Law Marriage
SSA evaluates common-law marriage claims according to the applicable state's requirements. Evidence may include statements from the parties and relatives, documents showing how the couple represented their relationship, and other evidence relevant under state law. SSA does not require every possible type of evidence in every case.
GN 00305.065Frequently asked
Does living together for a certain number of years automatically create a common-law marriage?
No. Simply living together for a particular length of time does not automatically establish a common-law marriage. The couple must satisfy the requirements of the applicable state law.
Can Social Security recognize a common-law marriage if I now live in a state that does not permit them?
Potentially. A state that does not permit new common-law marriages may recognize a common-law marriage that was validly established in another state. SSA determines which state's law applies based on the circumstances of the claim.
Do common-law spouses qualify for the same Social Security benefits as ceremonially married spouses?
Yes. Once SSA determines that a valid common-law marriage exists, the marital relationship can be used to establish eligibility for applicable Social Security spouse or survivor benefits, provided the other benefit requirements are met.
Does a common-law marriage have to be legally ended?
Yes. Once a valid common-law marriage has been established, simply separating does not end the marriage. Like a ceremonial marriage, a common-law marriage ends only by death, divorce, or annulment.