Question:
“Do my girlfriend and I have to be legally married in order for me to leave a Federal (FERS) Survivor Benefit?”
In family law, common-law marriage is a legal marriage and an informal marriage. This means that the married couple never had a formal wedding ceremony and never got a marriage license or marriage certificate.
But in states that allow common-law marriage, couples in a common-law marriage still might have the same rights as a married couple who went through a formal marriage process.
Generally, a married couple is common-law married when:
- They live together for a period of time (cohabitation)
- They hold themselves out to friends, family, and the community as “married”
Cohabitation as an unmarried couple is not enough to establish a common-law marriage.
In this article, you can learn more about which states recognize it, and what is required for a couple to be common-law married.
https://www.opm.gov/healthcare-insurance/life-events/memy-family/i-have-a-common-law…
If the coverage is not assigned, and there is no court order or designation of beneficiary on file, the Office of Federal Employees Group Life Insurance (OFEGLI) will pay benefits based on the order of precedence. A common law spouse may be recognized based on the laws of the state in which the insured was domicile.
OPM on Common Law Marriage:
Living together may not constitute a common-law marriage, but if the common-law marriage is you’ll have to live in the right place, to be valid. If you are in a common law marriage, then your spouse is eligible for FEHB coverage. Not all states are you married, while others you are. If you move from a Common-Law state, where you are considered married, to a Non-Common-Law state, then you are not married (common-law). The National Conference of State Legislatures. lists the states that recognize common law marriages.
Eligibility A common law marriage must be initiated in a state that recognizes common law marriages for the marriage to be valid. If you are in a valid common law marriage, then your spouse is eligible for FEHB coverage. The National Conference of State Legislatures lists the states that recognize common law marriages. Since your common law marriage commenced in a state that recognizes common law marriages, your partner is an eligible family member under your FEHB plan.
Example: After dating for a year, you take the next step and start living together with your partner. You want to add your partner to your FEHB plan. Your partner is not an eligible family member on your FEHB plan since you are not in a valid common law marriage. Eligibility Documents You must provide the following documents to prove your common law spouse’s eligibility:
• A court order or judgment from the initiating state recognizing the marriage; or
• Your signed declaration. Consult your employing agency HR office for details about what the declaration should include. You must also provide one of the following documents that list you and your spouse:
• The first page of your most recent tax return
• Proof of common residency and proof of combined finances.
Common Law states:
- Alabama
- Colorado
- District of Columbia
- Georgia (if the relationship began prior to 1/1/97)
- Idaho (if the relationship began prior 1/1/96)
- Iowa
- Kansas
- Montana
- New Hampshire (inheritance only)
- Ohio (if the relationship began prior 10/10/91)
- Oklahoma
- Pennsylvania (if the relationship began prior 1/1/05)
- Rhode Island
- South Carolina
- Texas
- Utah
- If you and your partner live together in Texas where your partner is recognized as your common law spouse, then relocate to Maryland where common law spouses are not recognized. If you separate, demands could be made, if a court determines that your common law marriage has been valid, you will need to obtain a traditional divorce. By the way, If one or both common law marriage partners have not obtained a divorce from a previous marriage, that/those party(s) is/are guilty of bigamy.
- Also, a person with a valid, ongoing common law marriage can be charged with bigamy if they enter into a second, legal marriage or another purported marriage while still legally bound by the common law union. Bigamy is the criminal act of being married to more than one person at a time, and a valid common law marriage is just as legally binding as a ceremonial one in states where it’s recognized.
- The breakup of a Common Law Marriage will require a divorce.
October 2025 update: Common Law Marriage:
Rhode Island ends future common-law marriages
In June 2025, Rhode Island passed legislation to abolish new common-law marriages formed after January 1, 2026.
- Existing common-law marriages remain valid. Couples who established or had a common-law marriage adjudicated before the 2026 cutoff will not be affected.
- Purpose. The change was intended to avoid legal complications by requiring all new marriages to be formalized with a license.
The law remains unchanged in most states
For states that currently recognize common-law marriage, either fully or with conditions, no significant legislative updates have occurred as of October 2025.
