A copy of a public or religious institutions’s record of
marriage, or a statement as to the contents of such a record,
certified by the authorized custodian of the record; or
If neither of the above proofs of marriage is available, you
must send us a statement explaining why such proofs
cannot be obtained. Along with this explanation, send us
any or all proofs listed below:
An affidavit of the clergyman or other authorized
official who performed the marriage.
Any other evidence you have to show you entered into a
ceremonial marriage.
Affidavits from at least two persons who know the facts
concerning the common law relationship; preferably one
from a member of your spouse’s family and one from a
non-family member. The persons making the affidavits
should state:
The relationship between you, your spouse, and the
person swearing to the affidavit;
The length of time you and your spouse lived
together;
Whether there was any public announcement in
connection with your common law marriage;
Whether you and your spouse were regarded among
your neighbors, friends, and relatives as being husband
and wife during the time you lived together; and
How the person swearing the affidavit is in a position to
know the facts being presented in the affidavit.
Your own affidavit is also required. In your affidavit you
should state:
The date on which and the State in which you and your
spouse mutually agreed to become husband and wife;
Whether you or your spouse were ever married,
ceremonially or under common law, to anyone else
before entering into the common law relationship.
If so, state in your affidavit all the facts of each
previous marriage, including the date it took place and
the date of the death or divorce which ended it.
official documents showing jointly owned property
(mortgage statements, etc.);
An
y other facts which you believe will help prove
you were husband and wife.
Proof of Marriage for the Purpose of Obtaining Retirement Benefits
RI 38-86
September 2009 edition is usable. Revised May 2018
United States
Office of Personnel Management
Retirement Operations
Washington, D.C. 20415-0001
We are asking for proof of your marriage; the items listed below tell you what you should send us.
Ceremonial Marriage
To prove a ceremonial marriage we require:
1. A copy of the original certificate of
marriage, if available;
or
2.
3.
-
-
Affi
davits of two witnesses to the marriage ceremony.
-
Common Law Ma
rriage
We will recognize a common law (m
utual consent) marriage
only if it existed in a State which recognizes such a marriage
and you provide us with the documents described below.
If a State court has determined that you were or are married,
send us a copy of the court order or judgment. If you do not
have a court order or judgment, you must send us the affidavits
described in items 1 and 2 below.
1.
A.
B.
C. The address or addresses at which you resided while
yo
u lived together;
D.
E.
F.
2.
A.
B.
C.
(Affidavits Must Be Sworn To or Affirmed Before A Notary
Public or Other Officer Who Is Authorized By Law To
Administer Oaths)
In addition to the required affidavits at least two of these types
of proof must be submitted along with the affidavits in order to
verify the validity of the common-law marriage:
-
transcripts of tax returns showing “married” status;
-
-
a voided check or statement from a joint bank account;
-
inclusion of claimant on health benefits insurance;
-
joint loan applications, etc.
Warning
Affidavits and other evidence are subject to verification by personal investigation. Any intentionally false statement, willful concealment
of a material fact, or use of a writing or document knowing the same to contain a false, fictitious, or fraudulent statement or entry is a
violation of the law punishable by a fine of not more than $10,000 or imprisonment of not more than 5 years, or both (18 USC 1001).
