131.21 Spouse
A spouse is a husband or wife, whether they got married during a legal ceremony or by common law.
It may be considered a c ommon law marriage if a man and woman:
Lived together and were free to marry (single, divorced , or widowed)
Declared that they had a common law marriage and
Made it appear to the community that they were married.
Acts 144 of 2004 states that common law marriages contracted after Jan. 1, 2005, are not valid unless they lived in a state in which common law marriage was legal at the time they met the common law marriage requirements of that state. Common law marriages contracted before Jan. 1, 2005, are valid.
23 Pa. C.S . § 1103
The CAO must review the case record to determine the marital status of the applicant or recipient . When an applicant says a marriage exists, the CAO should ask the applicant to verify the marriage or how long the common law marriage has existed.
If an applicant says that they are a common law spouse, the CAO must get proof that the couple was presenting themselves to the community as a married couple before Jan. 1, 2005. Proof includes, but is not limited to:
The deed to their home
Income tax records
Bank records
Leases
Utility bills
Statements from knowledgeable persons.
NOTE: Verification of marriage through a legal ceremony may also be requested if evidence of this marriage is not already presented. In addition to the acceptable verifications listed above, a marriage certificate is also an acceptable document for marriage through a legal ceremony.
The CAO should recognize the common law marriage if the record shows the couple presented themselves as married under common law before January 1, 2005. If so, they are still married under common law. The marriage can be dissolved only through the legal process. A common law marriage does not exist if it was established after January 1, 2005.