Common-Law Marriage Entitlement Checker 2026: What Your Partner Actually Gets
Video: Common Law Marriage in Texas ISN’T as simple as you think — recognition rules vary more than most couples expect.
Living together for 12 years does not make you married. In most of the United States, the partner you built everything with has no legal claim to your Social Security survivor benefits, no share of your estate if you die without a will, and no automatic right to anything you own. Whether that partner steps into your shoes as a legal spouse, or is treated as a stranger by every agency that matters, depends on one fact: where you lived, and whether your state recognizes common-law marriage at all.
This checker walks your actual facts — your state, how long you have been together, whether you hold yourselves out as married, your income, your debts — through the recognition rules that courts, the Social Security Administration, and the IRS actually apply. Then it prices the term life insurance that replaces the spousal protections your partner is missing.
Common-Law Marriage Entitlement Checker
How to use the checker
Pick the state where you lived together as a couple, answer the two questions that matter most in a common-law dispute (did you hold yourselves out as married, and did you agree to be married), and enter your household numbers. The tool returns three cards: your entitlement verdict, the benefit-by-benefit comparison, and a coverage estimate sized to close the gap.
The premium estimate uses standard underwriting rates for a healthy non-smoker. Your actual quote will be lower if you qualify for preferred rates and higher if you smoke or have health conditions — the health class quiz shows how much those factors move the price.
The state recognition map, in plain terms
Only a small minority of states still form new common-law marriages. Everywhere else, the question is not whether your relationship “felt like” a marriage — it is whether the state allows a marriage to exist without a license and a ceremony at all.
| Recognition status | Where it applies in 2026 |
|---|---|
| Common-law recognized (full) | Texas, Colorado, Iowa, Kansas, Montana, Oklahoma (pre-1998), Rhode Island, South Carolina (pre-2019), Utah (court-confirmed past relationships), Alabama, Connecticut, District of Columbia, Georgia (pre-1997), Idaho (pre-1996), Maine, Massachusetts, Mississippi, New Mexico, Pennsylvania (pre-2005) |
| Probate-only recognition | New Hampshire (RSA 457:7 — inheritance only; no SSA or federal spouse status |
| Abolished — pre-abolition marriages still valid | Arizona (1997), Florida (1968), Indiana (1958), Minnesota (1941), Ohio (1991) |
| Never recognized | California, Illinois, Louisiana, Nevada, New York, North Carolina, Tennessee, Washington, Wisconsin and the rest |
Two timing rules confuse people constantly. First, abolition is usually prospective: a common-law marriage formed in Ohio before October 1991, in Pennsylvania before January 2005, or in Oklahoma before November 1998 is still a valid marriage today, with every spousal right attached. Second, portability: a common-law marriage valid where it was formed is honored everywhere. A couple who qualified in Texas keeps full spousal status if they move to New York — including for Social Security purposes.
What a recognized spouse gets that a partner does not
The dollar difference between a recognized marriage and an unrecognized partnership is not a rounding error. It is a list of federal and state protections that only marriage unlocks:
| Entitlement | Recognized spouse | Unrecognized partner |
|---|---|---|
| Social Security survivor benefits (§ 216(h)) | Yes — 75% of the worker’s PIA, family maximum applies | No — only the worker’s children qualify (still 75% of PIA each) |
| $255 lump-sum death payment | Yes, to the surviving spouse living with the worker | No — goes to eligible children instead |
| Lump-sum inheritance without a will (intestacy) | Spousal share under state law — often the entire estate | Nothing. The partner is a legal stranger; assets go to blood relatives |
| Tax-free inheritance of retirement accounts (IRC § 1041) | Yes — transfers between spouses are tax-free | No — not a spousal transfer; and no spousal rollover on an inherited IRA |
| Inherited IRA: stretch/spousal rollover option | Yes — spouse can roll it into their own IRA | No — the 10-year rule applies to a non-spouse beneficiary |
| Health insurance: employer plan special enrollment | Qualifies as a marriage change | Losing an unmarried partner is NOT a qualifying event |
| Hospital and medical decision rights | Automatic next-of-kin status | None without signed health-care power of attorney |
| Life insurance claim if no beneficiary named | Pays to the spouse or the estate | Pays to blood relatives or the estate — the partner gets nothing |
Run the numbers for a realistic case. A 41-year-old earning $6,200 a month dies with a $148,000 mortgage and one child at home. A recognized spouse receives a caregiver benefit plus the child’s benefit — capped by the family maximum — and keeps the house through the intestate share. An unrecognized partner in, say, Illinois receives $0 from Social Security personally, inherits nothing, and watches the estate pass to the deceased’s blood relatives while she keeps only what a beneficiary designation named her on.
The Social Security rules that decide it
Under Section 216(h) of the Social Security Act, the agency applies the law of the state where the worker was domiciled at the time of application — or where the couple lived when the relationship began, whichever the claimant can establish. Survivors benefits to a spouse are 75 percent of the worker’s primary insurance amount, with a family maximum of roughly 150 to 180 percent of PIA shared among everyone claiming on the record. Children qualify regardless of their parents’ marital status, which is why the checker always shows a children-only benefit for unrecognized partners with kids.
Proving a common-law marriage to SSA requires evidence: joint tax returns, joint leases or mortgages, affidavits from family and friends, shared bank accounts, insurance listings. Couples who never documented anything often lose these claims on paper, not on merit. A survivor benefits calculator can show what the recognized version of your household would receive.
Why life insurance is the unmarried couple’s substitute for marriage
Married couples absorb shocks through a web of automatic legal plumbing: survivor benefits, the unlimited marital deduction, spousal IRA rollovers, intestate shares. Unmarried couples have exactly one instrument that replicates that plumbing cheaply and instantly: a term life insurance policy with the partner named as beneficiary.
The proceeds are income-tax-free to any beneficiary, they bypass probate entirely, they do not depend on any court agreeing that your relationship was a marriage, and they arrive within weeks rather than the months a contested intestacy can take. A modest policy at 40 costs less per month than a streaming bundle:
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| Age | Male, $250K 20-yr | Female, $250K 20-yr | Male, $500K 20-yr | Female, $500K 20-yr |
|---|---|---|---|---|
| 25 | $13.18 | $10.24 | $24.60 | $19.10 |
| 30 | $13.65 | $10.70 | $25.48 | $19.98 |
| 35 | $14.12 | $11.17 | $26.35 | $20.85 |
| 40 | $18.72 | $15.49 | $34.92 | $28.90 |
| 45 | $23.31 | $19.80 | $43.50 | $36.95 |
| 50 | $38.22 | $30.48 | $71.33 | $56.88 |
| 55 | $53.13 | $41.16 | $99.15 | $76.80 |
| 60 | $101.14 | $74.54 | $188.73 | $139.10 |
Rates shown are standard health class, non-tobacco, monthly premiums for level 20-year term coverage. The checker sizes your need the same way every time: 24 months of income replacement, plus joint debts, plus $15,000 in final expenses, minus coverage that already names your partner. If the partner also depends on your employer health plan, add the cost of replacing it — losing an unmarried partner is not a qualifying life event, so there is no special enrollment safety net the way there is for spouses.
The five documents that replace marriage on paper
For unrecognized couples, four signatures and one form eliminate most of the exposure the checker reveals:
- Beneficiary designations on every life insurance policy, retirement account, and payable-on-death bank account. These override wills and intestacy completely — and they are the ONLY thing that moves retirement money to a partner.
- A will or revocable trust that names the partner. Intestacy gives them nothing; this is the document that fixes inheritance in states with no common-law recognition.
- Durable financial power of attorney. Without it, a hospitalized partner cannot touch your accounts, pay your mortgage, or even renew your insurance.
- Health care power of attorney and advance directive. Hospital next-of-kin rules do not include unmarried partners in most states.
- A cohabitation property agreement documenting who owns what — the contract courts actually honor for unmarried couples who split up or when one dies.
Couples who want the full package of spousal rights without the paperwork stack sometimes choose to marry formally after years together — in Texas, a couple can even file a formal declaration of informal marriage with the county clerk retroactively documenting what already existed. Where marriage is not the answer, the life insurance capacity calculator shows how much coverage you can reasonably carry, and the DIME method calculator gives a second opinion on the number.
Common-law marriage myths that cost real money
- “We’ve lived together 10 years, so we’re married.” No state has a 10-year automatic rule. Duration alone never creates a marriage; agreement or holding-out evidence is required in every recognizing state, and in non-recognizing states no duration creates anything.
- “We filed taxes together, that proves it.” Filing as married on federal taxes when the state says you are not married creates a federal problem, not a state marriage. Some couples do it to claim benefits; SSA treats it as evidence, but state law controls recognition.
- “My partner can just take over the lease and the car.” Without survivorship titling or a will, both can pass through probate to blood relatives. Cars, leases, and even pets follow intestacy in most states.
- “Life insurance from work covers us.” Group life usually pays the spouse by default order, not a partner — and ERISA plans follow the plan document, not your relationship. Name the partner explicitly, every year, after every job change.
- “The funeral home will let my partner decide everything.” In non-recognizing states, the right to dispose of remains follows the statutory next-of-kin list. Partners have been excluded from their own partner’s funeral arrangements.
Frequently Asked Questions
Do unmarried partners get Social Security survivor benefits?
Only if the state recognized your relationship as a common-law marriage when it began, and it remains valid. SSA follows state law under Section 216(h). A valid common-law spouse gets the same 75 percent survivor benefit as a ceremonial spouse; in non-recognizing states the partner gets nothing and only the worker’s children qualify.
What happens to my partner if I die without a will in a state with no common-law marriage?
The partner inherits nothing through intestacy. State law sends assets to your closest blood relatives. The partner keeps only what beneficiary designations or a will give them, plus jointly titled property with rights of survivorship.
Which states still recognize common-law marriage in 2026?
Alabama, Colorado, the District of Columbia, Iowa, Kansas, Montana, Rhode Island, Texas, and states recognizing it by court decision including Connecticut, Maine, Massachusetts, Mississippi, and New Mexico. New Hampshire recognizes it for inheritance and probate only. Marriages validly formed before abolition remain valid everywhere that abolished the doctrine.
Does life insurance pay an unmarried partner if no beneficiary is named?
Usually not. The default payment order skips unmarried partners entirely in most policies — it pays a spouse, then children, then parents, then the estate. Naming the partner as primary beneficiary is the single most important step an unmarried couple can take.
Can my partner inherit my 401(k) or IRA tax-free?
Not unless you are legally married. Spousal transfers are tax-free under IRC Section 1041 and spouses can roll inherited retirement accounts into their own. An unmarried partner inherits a traditional IRA under the 10-year rule and pays income tax on withdrawals. Life insurance proceeds are income-tax-free to any named beneficiary.
How much life insurance should an unmarried couple carry?
Size the gap the partner faces without spousal benefits: about 24 months of your income, your joint mortgage and debts, plus final expenses, minus coverage already naming the partner. Add more to replace health plan access or fund longer income replacement. The checker computes this for your numbers automatically.
Get covered before you need it
Every entitlement in the first table arrives automatically for married couples and requires deliberate action for everyone else. The premium quote takes minutes, and the no-medical-exam options can put coverage in force the same week. Get your free life insurance quote now and close the gap your state’s law leaves open.
Related Resources
- AM Best insurance company ratings — verify the financial strength of any carrier before you buy
- NAIC consumer resources — state insurance department contacts and policyholder rights
- IRS Publication 525 — taxation of life insurance proceeds and inherited retirement accounts
- Social Security Administration — survivor benefits rules and the application evidence checklist
Related tools on this site: the unmarried partner life insurance calculator sizes coverage for couples in any state, the survivor income phase calculator plans claiming strategy for recognized survivors, the single mother calculator handles the one-income household case, and the mortgage protection calculator prices the debt payoff separately. For final-expense-only needs, see burial insurance.
Last updated November 2026. State recognition statuses verified against current statutes and agency guidance; statutes change — confirm with a family-law attorney in your state before acting on any single figure.
