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.va.gov/find-forms/
Walk it box by box
Fill it out with your information
Open the official VA form, then work down the boxes below. Each one is pre-filled from what you have already entered in Claim Recon and explained in plain language with the wording a VA rater expects. Review and edit every answer, then export your worksheet and copy it onto the official form. We never fill out or submit anything for you.
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.