What If I am in a Common Law Marriage When Applying For Disability?
Common Law Marriage In Different States
In Texas and in about 19 other states, the state recognizes common law marriage. These are marriages in which there is no marriage license. Common law marriages are just as valid as a ceremonial marriage.
Common Law Marriage In Texas
There is a three-pronged test that must be met to have a common law marriage in Texas: 1) an agreement between the spouses that they are indeed married; 2) they represent to others that you are married. For example, putting that you are married in a job application, in your bank records, and so forth; and 3) you live together as a married couple.
Common Law Marriage Within Social Security
As for as Social Security is concerned, (SSA) recognizes common law marriage if state where the couple lives recognize common law marriages. As such, they are able to claim the same benefits as a couple who followed the typical marriage route. Whether one is married is important to SSA because it includes spousal benefits and survivor benefits. SSA requires certain evidence to prove a common law marriage and must be made on SSA’s official form.
Common Law Marriage Ending In Divorce
Lastly, there is no such thing as a common law divorce. If a couples wish to dissolve a common law marriage, they must have a legal divorce before a court. Our law firm also handles divorces. If you have more questions, do not hesitate to call us.