Hi, I now live in Florida but was born and lived in Missouri from 1960 to 2000. Missouri is a state that accepts common law marriage. I lived with my ex from 1978 till 1984, when we married. We then divorced in 1991. 6 years of common law marriage and 7 years of marriage, for a total of 13 years. I am now 57, have never remarried and heard I could draw on my exs SS, when the time comes. I am thinking ahead and wonder what I need to do to prove the common law marriage? I have a 96 year old friend who said she would write me a letter and have it notarized as a witness. She knew both my husband and I. Do I need such a letter? I have a few other friends I still keep in touch with and my mom who could also verify for me. Would it be a good idea to get these done now due to my friends age, as by the time I apply she probably will no longer be with us. :( my mom is also 79 and has health issues so might be a good idea to get from her also. Or do I not need any proof?
Thank you.

Hi,

I'm not a legal expert, but according to the state law digest in Social Security's operations manual (POMS) Missouri has apparently never recognized common law marriage (https://secure.ssa.gov/apps10/poms.nsf/lnx/0200305075).

If you think that you did establish a common law marriage that would qualify you for divorced spousal benefits then you will likely want to try to gather and retain any pertinent evidence possible. The best evidence would probably be legal documents (e.g. mortgages, bank statements, tax returns, etc.) identifying you and your ex as husband and wife during the time in question, but statements from blood relatives and possibly even friends would probably be better than nothing. For more information on the development guidelines used by Social Security in alleged common law marriage cases, refer to the following POMS reference: https://secure.ssa.gov/apps10/poms.nsf/lnx/0200305065.

Best, Jerry