520 Legal Marriage
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520 Legal Marriage

 

 

Revised 07/10/2020

Policy

To have ALTCS eligibility determined using community spouse policy, the person must be legally married. A couple remains legally married when separated.

NOTE     See MA602 for marital status policy for all other programs.

 

Definitions

Term

Definition

Common Law Marriage

A marriage without a civil or religious ceremony. A common law marriage may be created by mutual agreement, or by living together for a certain period of time.

NOTE     A common law marriage can only be created in Arizona under American Indian tribal law.

Legal Marriage

Arizona recognizes the following as legal marriages:

  • A marriage that took place in Arizona, when both of the following are true:

    • A marriage license was obtained; and

    • The marriage ceremony was performed by a person authorized by law. People authorized by state law to perform marriages include licensed or ordained clergy, judges, and justices of the peace;

  • A marriage recognized as legal in the state or country where it was established, including common law marriages; and

  • A common law marriage established under American Indian tribal law.

 

Proof

Require proof based on the marital relationship claimed:

Type

Proof

Legal Marriage

Proof of legal marriage includes any of the following:

  • An official marriage license;

  • Court or church records;

  • Marital Status and Family Profile Document issued by the Navajo Nation;

  • Tribal Family Census Card issued by the Bureau of Indian Affairs;

  • Marriage license issued by the Navajo Office of Vital Records; or

  • Phone contacts with an official Agency or Court.

NOTE     SSA or SSI benefit records cannot be used for proof of legal marriage.

Common Law Marriage

A completed Customer Statement – Common Law Marriage (DE-119) form.

Death or Divorce

Accept the person’s statement unless it is questionable. For example, when a customer previously claimed to be married but later claims to be divorced or widowed, ask for proof of the divorce or death.

 

Legal Authority

Program

Legal Authorities

ALTCS

ARS 25-111, 25-112

AAC R9-28-401

20 CFR 404.726