VA Form 21-3288
Statement of Marital Relationship
You have a common-law marriage that is valid under your state's law but you don't have a marriage certificate to submit to VA for dependency purposes.
- Who fills it
- veteran
- Journey phase
- Keeping Your Award Current
- Estimated time
- 20-30 minutes.
- When to file
- When adding a common-law spouse as a dependent on your VA award.
Official VA form page: https://www.vba.va.gov/pubs/forms/
Gather before you start
- ▸Date and location where informal marriage was established
- ▸How you held yourself out as a married couple (tax returns, joint accounts, witnesses)
- ▸State law confirmation that common-law marriage is recognized in your state
- ▸Companion witness statement (VA Form 21-4170)
Attach with the form
- ▸Supporting evidence of informal marriage (joint tax returns, shared utility accounts, witness statements)
- ▸VA Form 21-4170 (witness statement for marital relationship)
Section I - Parties to the Marriage
Blocks 1-6Both parties' names, SSNs, DOBs, and addressPII
Both the veteran and spouse provide their identifying information.
(veteran and spouse legal names, SSNs, DOBs)
Common mistakes
- ×Not first confirming your state recognizes common-law marriage - only about a dozen states do. VA only recognizes common-law marriages valid in the state where they were established.
Section II - Facts of the Marital Relationship
Blocks 7-12When, where, how the marriage was established and maintained
Describe: (1) When you began living together as a married couple, (2) The state where the informal marriage was established, (3) How you held yourselves out publicly as married (filed joint taxes, used same last name, introduced as husband/wife, listed as spouse on insurance/beneficiary forms, shared accounts).
e.g., We began cohabitating as a married couple in Phoenix AZ on 06/15/2015. We have filed joint federal tax returns since 2016, share bank accounts, I am listed as her spouse on her health insurance, and we introduce ourselves as husband and wife.
Common mistakes
- ×Not providing enough detail about how you held yourselves out as married - VA needs factual evidence of the marital relationship.
- ×Submitting without the companion witness statement (21-4170) - witnesses corroborate your claim.
Authority
- 38 CFR 3.50 - Defines spouse for VA compensation/pension purposes; covers ceremonial, common-law, and same-sex marriages.
Section III - Signatures
Blocks 13-15Both parties' signaturesPII
Both the veteran and the spouse sign, certifying the information is accurate.
(both signatures)
Common mistakes
- ×Only one party signing - VA requires both parties to certify their marital relationship.
Statutory and regulatory authority
- 38 CFR 3.50 - Defines spouse for VA compensation/pension purposes; covers ceremonial, common-law, and same-sex marriages.