TN 85 (11-23)
If the parties entered into a ceremonial marriage that was void because of a legal impediment, a common-law marriage may later come into being in some States (see state laws GN 00305.075) if:
The impediment is later removed; and
The parties continue to live together after removal of the impediment.
State laws vary on the requirements needed to establish a common-law marriage after removal of an impediment. The laws also vary depending on whether the impediment involved a prior undissolved marriage or a violation of a restriction imposed in a divorce decree.
For State laws on cohabitation after removal of an impediment, see GN 00305.075. If the State's entry merely says that common-law marriage was recognized at the relevant time and there is a question as to whether a common-law marriage will arise upon removal of the legal impediment, follow the procedures for possible submittal to the Office of the General Counsel (OGC), see GN 01010.800.
If the marriage was barred in one State and the couple goes into a State where marriage between them would be permitted, a common-law marriage may arise if the latter State recognizes common-law marriage, see GN 00305.150 through GN 00305.165.
For questionable cases, follow the procedures for possible submittal to OGC, see GN 01010.800.
Get proof of the ceremonial marriage and
SSA-754's completed by both spouses or by the surviving spouse.
If...
Then follow the procedure in...
both parties are alive
GN 00305.065 (1)
one party is deceased
GN 00305.065 (2)
Follow the development in GN 00305.065 (3).
If the parties were separated temporarily for reasons such as ill health, financial trouble, employment away from home, or service in the Armed Forces, the living together requirement may nevertheless be met in some States.
If a legal opinion is needed, follow the procedures for possible submittal to OGC, see GN 01010.800. Otherwise, make a determination based on existing precedents as to whether a common-law marriage exists (or existed).