Lately, the definition of marriage has been a hot topic. With all of the court cases and resulting news, I knew it wouldn’t take long for someone to ask me about Social Security benefits and common-law marriages.Thankfully, the Social Security Administration is pretty straightforward on their rules. In their eyes, a common-law marriage is a valid marriage. As such, a common-law couple will be able to claim the same benefits as a couple who followed the “traditional” marriage route.
These benefits include spousal benefits, survivor benefits and even benefits from an ex-common law spouse.The tricky part is meeting the requirements of a common law marriage. These requirements are not as easy as some may think.
![Marriage Marriage](/uploads/1/2/5/3/125385414/585467902.jpg)
In addition, like Pennsylvania, four other states recognize common law marriage for those established before a certain date: Georgia.
![Marriage Marriage](/uploads/1/2/5/3/125385414/472952003.jpg)
Many people incorrectly assume that a common-law marriage is sealed after a certain time period of living together. The truth is, it goes much deeper than that. The RequirementsTo make sure I understood the rules, I reached out to my friend. She is an Elder Law attorney and founding partner of the.Thankfully, this was not a new area for her. She said, “Generally, the Social Security Administration will recognize a common-law marriage as valid if the following requirements are met.First, the common law marriage must be contracted in a state where common-law marriages are recognized. Less than half of the fifty states even recognize common-law marriage. In states that do recognize common-law marriage, usually the parties must live together and hold themselves out to the public as husband and wife.
The cohabitation does not have to be in the State where the marriage agreement was made.Second, there must be an agreement to marry. TermDefinitionBigamyBigamy is the act of entering into a marriage while still married to another person.Change of Position (COP)Change of position (COP) occurs when a policy or legal precedent we previously followed to adjudicate cases changes as the result of subsequent court decisions, other applicable legal precedents, or new policy considerations.Clear and convincingClear and convincing is a standard of evidence that is strong and persuasive.CohabitationCohabitation means the parties live(d) together as husband and wife.Common-Law MarriageCommon-law marriage is a non-ceremonial marriage. The criteria (and recognition of a common-law marriage) depend on individual state or foreign law. For general details of common-law marriage, see.Contract/ContractedContract/Contracted means the parties enter(ed) into a legally binding agreement.Holding OutHolding out means the parties live(d) together as husband and wife andpresent(ed) themselves to others as being married. NOTE: In all claims, this definition applies when the state recognizes common-law marriages; however, in Title XVI claims, we may find couples to be “holding out” using criteria not linked to specific state law. For details on determining whether a man and woman are holding themselves out as husband and wife, see.Natural lawNatural law is law that stems from a shared human morality.Pending claimA pending claim is an unadjudicated application. The filing date may be based on a protective filing, open application, or reopening of a prior claim under administrative finality.
For details on protective filing, see. For details on open applications, see.Positive lawPositive law refers to man-made laws.Preponderance of evidencePreponderance of evidence is evidence that, when fairly considered, produces the stronger impression and is more convincing as to its truth when weighed against the evidence in opposition. This does not mean that a certain number of pieces of evidence must be present to constitute preponderance.
It is possible that one piece of evidence is so convincing that, when weighed in opposition to any other evidence, it conveys the stronger impression of truth.Prima faciePrima facie means at first view or glance.Putative marriageA putative marriage is a relationship in which, under the laws of some states, a party to a void marriage may acquire inheritance rights as a spouse. For details on putative marriage, see.SojournSojourn means a short stay at a place.
In some states a common-law marriage can arise from a temporary stay within the state’s borders, if accompanied by holding out as husband and wife, even though the parties were never domiciled in that state. Check the appropriate states’ laws to determine whether the state of sojourn recognizes common-law marriage. Then determine whether the facts of the sojourn establish a common-law marriage. It may be necessary to submit the case for an RCC opinion following the procedures in.Void marriageA void marriage is a marriage that is legally nonexistent from the beginning under state law (i.e., the parties to the marriage are considered never to have been husband and wife).Voidable marriageA voidable marriage is a marriage that is defective and can be judged void (annulled) but is considered valid unless and until declared void as a result of court action on its validity. Disclosure of Material Connection: Some of the links in the post above are “affiliate links.” This means if you click on the link and purchase the item, I will receive an affiliate commission. Regardless, I only recommend products or services I use personally and believe will add value to my readers.
Futhermore, We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.I am disclosing this in accordance with the Federal Trade Commission’s: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.” Post navigation. I live in Texas my husband was retired civil service veteran. He deceased almost 5 yrs ago, even with my name on bank account, income tax I filed, several documents and witnesses that we lived together as husband and wife not one government agency has released any benefits/insurance/entitlements etc. I lost home, vehicles and to make it all worst funeral home didn’t add my name on death certificate even after I signed on contract to top it off they moved his remains to another location without my consent or any notification.
Still I’m filing out documents and appeals but Read more ».
What is Common Law Marriage in Texas?Common Law Marriage is a matrimonial institution that allows for a couple to be considered as legally married; in the case of common law marriage, couples are neither required to participate in wedding ceremonies nor obtain certifications of marriage.