How the Laws Affect Your Rights

Common-law marriage is simply a marriage without a formal ceremony, but the couple enjoys the same rights and assumes the same responsibilities as a couple who participated in a traditional ceremony.

In the past, common-law marriages were widespread and recognized by all the states. Couples only needed to live together for a specific amount of time, have sexual relations and hold themselves out as husband and wife. Today however, only one-fourth of the States still recognize common-law marriages and those that do have strict requirements before such a union will be recognized.

While living together is still expected, it is no longer the main requirement . The couples must both be of the age and mental capacity to consent to such a union and they must behave and present themselves as married in every way. Filing tax returns together and adding your common-law spouse to your health insurance are two good examples of things common-law partners should do to “formalize” their marriage.

Other ways to document your common-law marriage include large joint purchases such as a house or car, insurance documents naming each other as the beneficiary and joint checking and credit card accounts.

Once a common-law marriage is recognized by the state, it is as binding as a traditional marriage and will require a divorce to dissolve it. Standard property distribution laws would apply and alimony could also be imposed.