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Does Social Security recognize common law marriage for the purpose of paying survivors and spouse's benefits?

Social Security follows the laws of the State where the worker was domiciled when he or she died, or when the surviving spouse applies for benefits. Many States do not honor common-law marriages, so you should check local laws. However, most States (even those in which a man and woman could not enter into a valid common-law marriage) will generally recognize a common-law marriage validly entered into in another State. Again, check local laws.



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