A common-law marriage, sometimes referred to as an informal marriage, is one that satisfies legal criteria even though it does not fit the definition of a statutory marriage. In jurisdictions where marriage can still be consummated without a formal ceremony, this type of marriage is lawful.
In a common-law marriage, the couple does not celebrate their marriage in a formal civil or religious ceremony, but they nonetheless regard themselves as married and show themselves as so to others. Informally, the phrase “common-law marriage” can be used to describe relationships where the partners live together as though they are married, even though they are not. The term’s colloquial usage may cause misunderstandings about single partners’ legal rights.
What is the history of common marriage law?
In England, common-law unions were permitted until 1753, when Lord Hardwicke’s Act outlawed them. Couples from England, however, frequently traveled to Scotland, where they could still legally marry. Common-law marriages were later forbidden in Roman Catholic countries by the Council of Trent. The idea was supported in a New York court case in 1855, and the U.S. Supreme Court subsequently upheld it in 1877.
Marriage vs. Common-Law Marriage: Understanding the Differences
Couples must make several considerations before starting a family, such as where to reside, who will take care of the house, and whether to have kids. Financial responsibilities including bill paying, debt management, and future planning must be handled by unmarried couples. One important choice they will have to make, though, is whether to get married and formalize their love or not.
In most places, marriage is a legal partnership that needs to be formalized with a ceremony. A married pair can file taxes jointly, share pension and income, and be eligible for certain government benefits, among other financial benefits.
As an alternative, couples can choose a common-law marriage, which is accepted in some states. Many of the same advantages as a formal marriage are granted to this kind of partnership, but the requirements differ state-by-state and are not always met. There are often specific guidelines that apply.
Legal and common-law marriages are comparable, but they are not the same. Common-law marriages might not grant the same rights, especially if a couple separates, but legal weddings provide long-lasting advantages, even in the event of divorce.
Legal Marriage
You normally need an officiant to lead the ceremony in order to be legally married. This could be a justice of the peace, clerk, judge, or religious leader. The marriage ceremony may be held in a courtroom or municipal hall, or in a religious place.
A marriage license is granted and registered following the ceremony. The majority of states in the United States demand a legal marriage before granting spousal advantages, such as joint tax filing and financial account sharing.
These advantages could hold true even after the marriage dissolves. A settlement involving the partition of property might result from a divorce, but the procedure can be difficult.
A marriage is formally ended via a divorce. An annulment, which dissolves the marriage at its outset, may be requested by a couple in specific circumstances.
Common-Law Marriage: What You Need to Know
Some people prefer a common-law relationship over the formalities of a regular marriage. Even if a couple never had a formal ceremony or received a marriage license, they are nevertheless seen by this type of union as being substantially comparable to being married legally. Common-law marriages are not recognized in every state, though.
Conditions for Common-Law Marriage
- It is necessary for both parties to reside in a state that accepts common-law unions.
- Although there is no set period of time for cohabitation, many people estimate it to be between seven and ten years.
- Friends, neighbors, and coworkers must be addressed as though the couple is married, using titles like “husband” or “wife” and perhaps going by the same last name.
- Joint bank accounts, credit cards, mortgages, and leases must all be kept up to date.
- Both must be single, in good mental health, and not in a relationship.
Benefits and Downsides
Some of the advantages enjoyed by legally married spouses may also apply to common-law partners. But there are drawbacks to take into account. For instance, if one spouse purchases real estate without the other’s signature on the deed, that property may be sold without the other’s approval. Couples should think about utilizing co-ownership agreements when buying significant assets to avoid this. Reviewing rights and responsibilities with a lawyer experienced in common-law marriages is also advised.
Ending a Common-Law Marriage
There is no such thing as a common-law divorce in the event of a breakdown. Simply put, couples need to handle their business separately after splitting up. For partners in a common-law marriage, no state will recognize a common-law divorce.
Tax Considerations
Common-law spouses are unable to file joint tax returns with the IRS. Either individually or as the head of their home, they must file.
States Where Common-Law Marriages Are Recognized
Only a few states and the District of Columbia recognize common-law marriages, each with specific requirements:
- Columbia:Common-law marriages are only legal in a select few states and the District of Columbia, and they come with certain restrictions.
- Colorado: Married couples who are not otherwise banned by law must be at least eighteen years old.
- Lowa: Not strictly forbidden, but meant to provide for dependents’ needs.
- Kansas: Partners must portray themselves as married, be mentally competent, and be at least eighteen years old.
- Montana: State marriage laws do not forbid or invalidate marriages.
- New Hampshire: For inheritance purposes, “cohabitation” is used.
- Oklahoma: Applicants must certify to being at least eighteen years old, living together, being financially dependent on one another, and not having biological family that forbid marriage.
- Rhode Island: In Rhode Island, it is necessary for both spouses to intend to get married, live together, and show up as married.
- Texas: To live together, declare their marriage to the public, and get married, both parties must give their approval.
- Utah: The marriage must be approved by both parties, and their marital status must be recognized by others.
Certain states only acknowledge common-law unions provided they fulfilled all state requirements by a specific deadline:
– Alabama: Jan. 1, 2017
– Georgia: Jan. 1, 1997
– Idaho: Jan. 1, 1996
– Ohio: Oct. 10, 1991
– Pennsylvania: Jan. 1, 2005, with an exchange of vows.
South Carolina ended the recognition of common-law marriages on July 24, 2019, although those established before this date are still acknowledged.
Pros and Cons of Common-Law Marriage
Pros:
– Eligibility for Social Security benefits based on the duration of their common-law marriage
– Qualification for employer benefits through their common-law spouse, like health insurance
– Exemption from gift tax for gifts to each other
– Unlimited marital exemptions for their estate up to the federal limit
– Deductions for mortgage interest and children (if applicable)
– Inheritance of spouse’s property with a valid will (without a will, inheritance rights may differ)
– Use of medical power of attorney to make medical decisions for each other
Cons:
– Lack of universal recognition, leading to potential legal rights and protection issues in non-common-law states or countries
– Complexity in determining the existence of a common-law marriage
– Limited legal protections compared to formal marriages, affecting access to benefits like health insurance and tax benefits
– Requirement for proof and potentially costly legal procedures
Common-Law Marriage FAQs
1. What is a marriage under common law?
In certain states, a common-law marriage is considered lawful despite the absence of a formal ceremony or license. If a couple lives together and presents themselves as such (by, for example, referring to one another as “husband” and “wife”), then they are deemed married.
2. Is common-law marriage recognized in my state?
Common-law marriages are currently only recognized under strict guidelines in a small number of states. Regarding the specific legislation of your state, see the included list or speak with an attorney.
3. What advantages come with being married under common law?
Similar to a legal marriage, a common-law marriage may grant some advantages like inheritance rights, Social Security benefits, and hospital visitation privileges.
4. What drawbacks come with being married under common law?
Common-law marriage offers less safeguards than marriage consummated by law. Property split can be complicated, there is no “common-law divorce,” and certain perks (like joint tax filing) aren’t available.
5. How do common-law unions terminate?
An end to a common-law marriage does not require a formal procedure. Couples just split up and take care of their business separately. Getting legal advice is advised.
Bottom line
Common-law spouses should be aware that if their relationship was formally formed in another state, relocation does not change their marital status. To make sure they comply with all legal obligations, they should speak with an attorney in their new state. Maintaining documentation is essential for filing for government assistance. They have to formally end the relationship if they split up since they might be entitled to maintenance in a manner akin to that of divorced spouses.
