520 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.

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.

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.

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

When you receive a DE-119 form, submit a Policy Clarification Request (PCR) through PATS. The Office of Eligibility Policy (OEP) will review the form and determine whether the marriage meets legal requirements.

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.

ARS 25-111, 25-112

AAC R9-28-401

20 CFR 404.726