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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.
Term |
Definition |
Legal Marriage |
Arizona recognizes the following as legal marriages: · A marriage that took place in Arizona, when both of the following are true: o A marriage license was obtained; and o 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. |
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. |
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. |
Program |
Legal Authorities |
ALTCS |
ARS 25-111, 25-112 AAC R9-28-401 20 CFR 404.726 |