Issues Presented
               You requested advice regarding whether the claimant, Linda D~, can receive spousal
                  benefits based on the record of her common law husband, John B~, where the common
                  law marriage was entered into in Colorado and the parties resided in Missouri as of
                  the date of the application for spousal benefits. Based on the facts presented, we
                  believe Missouri would recognize Ms. D~ common law marriage to Mr. B~, and therefore,
                  she can be entitled as a spouse on Mr. B~’s record.
               
               FACTUAL BACKGROUND
               The memorandum that you sent with your request states that the number holder, John
                  B~, previously lived in Colorado and moved to Missouri in 2008. The number holder
                  lives with Linda D~, who alleges that she has been in a common law marriage with the
                  number holder since 1994. 
               
               In January 2011, John B~ completed a Statement of Marital Relationship, SSA-754, and
                  signed it under the penalty of perjury. On the form, Mr. B~ indicated that he and
                  Linda D~ began living together in a husband and wife relationship in December 1994
                  and that they lived in Colorado at that time. He indicated that they have lived together
                  continuously since that time. Mr. B~ indicated that he and Linda made a lifetime commitment
                  to each other’s welfare and well-being. He reported that he believed they were legally
                  married because Colorado is a “common law” state. He stated that they introduce each
                  other as husband and wife. Mr. B~ reported that they filed joint income tax forms
                  and listed each other as husband and wife from 1999 through 2009. The evidence received
                  by the field office includes a copy of John and Linda’s 2008 tax return which was
                  filed under the status of “married filing jointly.” Mr. B~ also noted that they were
                  listed as husband and wife on a Kohl’s Health Insurance policy. Linda D~ also completed
                  an SSA Form 754 in January 2011 with essentially the same answers as Mr. B~. Ms. D~
                  also signed the form under penalty of perjury. 
               
               Linda’s father, Cecil D~, and John’s brother, Michael B~, each completed a Statement
                  Regarding Marriage, SSA-753. Both men indicated that Linda and John were generally
                  known as husband and wife and they personally considered John and Linda to be husband
                  and wife. Both men signed the forms under penalty of perjury. 
               
               Analysis
               In order to be entitled to wife’s benefits based on John B~’s record, Linda D~ must
                  show that she is John’s wife based upon a relationship described in 20 C.F.R. §§ 404.345
                  through 404.346. See 20 C.F.R. § 404.330 (2010). 
               
               To decide your relationship as the insured’s wife …, we look to the laws of the State
                  where the insured had a permanent home when you applied for wife’s … benefits.  If
                  you and the insured were validly married under State law at the time you apply for
                  wife’s … benefits …the relationship requirement will be met.
               
               20 C.F.R. § 404.345.
               Because Ms. D~ lives in Missouri and lived there at the time she filed her application
                  for benefits, the question is whether Ms. D~ and Mr. B~ are validly married under
                  Missouri law. Ms. D~ and Mr. B~ have not entered into an official or ceremonial marriage. Both
                  have acknowledged entering into a common law marriage when they lived in Colorado. 
               
               The requirements for a valid common law marriage in Colorado are: “mutual consent
                  or agreement of the parties to be husband and wife, followed by a mutual and open
                  assumption of a marital relationship.” Whitenhill v. Kaiser Permanente, 940 P.2d 1129, 1132 (Colo. App. Ct. 1997), citing People v. Lucero, 747 P.2d 660 (Colo. 1987). Colorado courts require “clear, consistent, and convincing”
                  evidence of a common law marriage. See Employers Mut. Liability Ins. Co. of Wis. v. Industrial Com’n, 234 P.2d 901, 903 (Colo. 1951).  Existence of an agreement to be in a marriage relationship
                  can be inferred from evidence of cohabitation and general repute. See Lucero, 747 P.2d at 664.  In this case, both parties have stated, under penalty of perjury,
                  that they agreed to be husband and wife. Additionally, they have lived together, introduced
                  each other as husband and wife, and filed tax returns as a married couple. Ms. D~
                  father and Mr. B~’s brother both considered the couple to be married. The evidence
                  is clear, consistent, and convincing that the parties entered into an agreement to
                  be married while they were residents of Colorado and continue to live as a married
                  couple. Therefore, we believe Ms. D~ and Mr. B~ entered into a valid common law marriage
                  in Colorado. 
               
               Common law marriages are “null and void” in Missouri. Mo. Ann. Stat. § 451.040 (2010). However,
                  Missouri courts have recognized a valid common law marriage entered into in another
                  state when the parties later become residents of Missouri. See Pope v. Pope, 520 S.W.2d 634, 635 (Mo. Ct. App. 1975). Missouri courts require “stringent proof”
                  that a common law marriage exists. See Pope, 520S.W.2d at 636. “Stringent proof” is proof that is convincing or cogent. See  id. Ms. D~ and Mr. B~ were residents of Colorado when they entered into the common law
                  marriage and remained residents of Colorado for almost 14 years after their marriage. 
                  Missouri courts have recognized a valid common law marriage entered into in Kansas
                  when the parties later become residents of Missouri. See Pope, 520 S.W.2d at 635. Similarly, we believe Missouri courts would recognize a valid common
                  law marriage entered into Colorado when the parties later become residents of Missouri. 
               
               As stated above, the evidence is clear, consistent, and convincing that the parties
                  entered into a valid common law marriage in Colorado. Thereofore, we believe that
                  Missouri courts would recognize their common law marriage as valid. For this reason,
                  Ms. D~ can be considered Mr. B~’s wife for the purposes of spousal benefits. 
               
               Kristi A. S~
 Chief Counsel, Region VII 
By__________________
               
               Angela T~-M~
               Assistant Regional Counsel