COMMON LAW MARRIAGE IN PENNSYLVANIA

Common Law Benefits

Pennsylvania stopped recognizing Common Law Marriages as of January 1, 2005; however, if you had established a Common Law Marriage in Pennsylvania prior to that date, Pennsylvania Law preserves the validity of such marriages.  An established Common Law Marriage may provide you with certain benefits such as spousal death benefits, Social Security surviving spouse benefits, or zero percent inheritance tax (as opposed to 15% for unrelated persons). 

Obtaining Records

In the event an established Pennsylvania Common Law Marriage ends in a permanent separation, either spouse may be entitled to a property division, spousal support or alimony, depending on the circumstances, and a Divorce Decree must be obtained.  To claim a Common Law Marriage, you will most likely need to provide the Court with records that establish proof of the marriage, such as joint tax returns, joint loans, or other financial documents.

However, it’s also important to demonstrate the intent to marry, which goes beyond mere documentation.

What Counts as Evidence of Intent

You may be asked to provide witnesses who can testify that you and your partner held yourselves out as a married couple to family, friends and the community.   Witnesses may be questioned about whether any ceremony took place and what was said, as the statement of intent to become husband and wife is a key requirement.

Social Security and Survivor Benefits

Once you’ve established the validity of your Common Law Marriage in Pennsylvania, you may be eligible to claim Social Security benefits.  The Social Security Office will not make a determination regarding the marriage until it’s time to file for benefits. 

At that point, both spouses must complete a “Statement of Marital Relationship” and provide statements from blood relatives affirming the marriage.  Social Security may also require additional documentation, such as mortgage or rent receipts, insurance policies, or bank records to confirm the marriage.

If your common-law spouse has passed away, you may need to provide your own statement, a statement from a blood relative of yours, and two from blood relatives of the deceased.  Children of deceased common-law spouses may also qualify for survivor benefits.  The question of Social Security benefits for same-sex Common Law Marriages remains legally unsettled and is being addressed through state courts.

It is important to note that while the Social Security Administration recognizes same-sex marriage and Common Law Marriages, the specific benefits and eligibility criteria can vary.

What States Recognize Common Law Marriages

The following states may recognize common law marriages:  Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, Utah and the District of Columbia.

Among these states, common law marriage is recognized if the couple meets certain conditions, such as cohabitation and holding themselves out to the public as a married couple.  New Hampshire and Rhode Island only recognize common law marriages for certain legal purposes (e.g. inheritance), not for others like divorce or spousal benefits.  Each state may have different criteria for establishing and recognizing common law marriage.  Please note that the laws and statutes of all of these states are subject to change.

Estate Planning Considerations

For long-term cohabitants in Pennsylvania, especially those in relationships formed before 2005, uncertainty regarding the legal status of a Common Law Marriage can be emotionally and financially challenging-particularly if one partner passes away.

Even if you moved to Pennsylvania and your home state hasn’t ruled on your common-law marriage, you can ask a Pennsylvania court to determine if your marriage is valid under your home state’s laws and ensure your marital rights are protected.

Contact Our Experts

To avoid complications, we recommend scheduling an appointment with one of our Estate Planning Attorneys.  We can help you review your circumstances and take steps to avoid unintended financial hardships and emotional distress.

Please contact our Office at (717) 299-7342 to schedule an Estate Planning appointment.