20 C.F.R. § 416.1826

Showing that you are not married when you apply for SSI

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(a) General rule: Proof is unnecessary. If you do not live with an unrelated person of the opposite sex and you say that you are not married, we will generally accept your statement unless we have information to the contrary.

(b) Exception: If you are under age 22 and have been married. If you are under age 22 and have been married, to prove that your marriage has ended you must show us the decree of divorce or annulment or the death certificate if you can. If you cannot, you must tell us why not and give us whatever evidence you can.

(c) Exception: If you are living with an unrelated person of the opposite sex. (1) If you are living with an unrelated person of the opposite sex, you and the person you are living with must explain to us what your relationship is and answer questions such as the following:

(i) What names are the two of you known by?

(ii) Do you introduce yourselves as husband and wife? If not, how are you introduced?

(iii) What names are used on mail for each of you?

(iv) Who owns or rents the place where you live?

(v) Do any deeds, leases, time payment papers, tax papers, or any other papers show you as husband and wife?

(2) We will consider you married to the person you live with unless the information we have, including the answers to the questions in paragraph (c)(1) of this section, all considered together, show that the two of you do not lead people to believe that you are each other's husband and wife.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 1991–2022 · leading case: Smith v. Sullivan

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Smith v. Sullivan (1991) ilcd · cites it 2× “In determining whether two individuals have so conducted themselves, the Secretary examines various factors listed at 20 C.F.R. § 416.1826 (c)(1), such as names used, real property arrangements, and the couple’s customary conduct with respect to their relationship.”

KIRCHNER v. KIJAKAZI (2022) insd · cites it 2× “20 C.F.R. § 416.1826 (c). Janice K. is correct that caselaw addressing whether substantial evidence supports the ALJ's determination that the claimant was in a holding out marriage is limited.”

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