Common law marriage is a legal concept that allows couples to be considered married without undergoing a formal ceremony or obtaining a marriage license. While many states recognize common law marriages, New York does not. However, New York law still interacts with common law marriage in specific ways, particularly when couples move from states that do recognize such unions. This article will discuss what common law marriage is, the legal landscape in New York, and the implications of out-of-state common law marriages for residents of New York.
Understanding Common Law Marriage
What is Common Law Marriage?
Common law marriage is a non-ceremonial form of marriage that arises when two people live together as a couple for an extended period and present themselves as married to the community. This informal marriage requires no official registration, license, or wedding. Instead, the couple’s actions and relationship dynamics form the basis of their legal recognition as married.
In jurisdictions where common law marriage is recognized, the requirements generally include:
The couple must live together for a significant period.
They must present themselves to others as a married couple.
They must intend to be married.
Once a common law marriage is established, it carries the same legal weight as a ceremonial marriage. The couple can only dissolve the marriage through a formal divorce proceeding, just like in a traditional marriage.
History and Origin of Common Law Marriage
The concept of common law marriage originated in England during the Middle Ages when access to formal marriage ceremonies was limited. In these times, people in rural areas could not always reach a church or have a priest officiate their marriage, leading to the informal recognition of marriages based on cohabitation and public acknowledgment.
As societies evolved and access to formal marriage processes became more widespread, many jurisdictions moved away from common law marriages. However, some states in the U.S. still recognize this practice, even though others, like New York, have abolished it.
Is Common Law Marriage Legal in New York?
New York’s Position on Common Law Marriage
New York does not recognize common law marriage. The state abolished the recognition of common law marriages in 1933. This means that couples living together in New York, no matter how long they cohabitate or how they present themselves publicly, cannot be considered legally married unless they go through the formal marriage process.
To be considered legally married in New York, couples must:
Obtain a marriage license.
Participate in a legally recognized ceremony officiated by an authorized person (such as a religious figure, a judge, or other legally recognized officials).
Without meeting these requirements, New York law does not grant the rights and protections that come with marriage.
Why Did New York Abolish Common Law Marriage?
The decision to abolish common law marriage in New York was driven by a desire to ensure clarity and reduce legal disputes over marital status. Common law marriages can often result in confusion and difficulty proving the couple’s intentions or public representation of their relationship. By requiring formal registration and ceremonies, New York has streamlined the process and reduced legal ambiguity regarding marital status.
See also: Marriage Law: Is a Husband Responsible for His Wife’s Medical Bills?
Recognition of Common Law Marriages from Other States
Out-of-State Recognition
Although New York does not allow residents to enter into a common law marriage within its borders, the state will recognize common law marriages that were validly established in other jurisdictions. This means that if a couple enters into a common law marriage in a state that recognizes it and later moves to New York, their marriage will be honored as valid under New York law.
To qualify for this recognition, the couple must meet the common law marriage requirements of the state in which the marriage was established. States that currently recognize common law marriage include:
- Colorado
- Iowa
- Kansas
- Montana
- South Carolina
- Texas
- Utah
If a couple meets the legal criteria for common law marriage in one of these states and relocates to New York, their marriage will be treated as legally binding. They will have the same rights and responsibilities as any other married couple in New York.
Proving a Common Law Marriage in New York
To have an out-of-state common law marriage recognized in New York, the couple may need to prove the validity of their union. This can involve providing evidence such as:
Documentation showing cohabitation, such as lease agreements or joint mortgage documents.
Proof that the couple presented themselves as married, such as joint tax returns, shared bank accounts, or statements from friends and family.
Legal documents from the originating state, confirming that the common law marriage was recognized there.
Courts in New York will require sufficient evidence to prove that the couple meets the criteria for a valid common law marriage under the laws of the state where the marriage was formed.
Same-Sex Common Law Marriages
Same-sex couples may also have their common law marriages recognized in New York if they were established in a state that allows common law marriage and same-sex marriage. Since the landmark 2015 Supreme Court decision in Obergefell v. Hodges, which legalized same-sex marriage nationwide, states that recognize common law marriage must also recognize same-sex common law marriages.
If a same-sex couple enters into a common law marriage in a state where it is allowed and later moves to New York, their marriage will be treated as valid, and they will be afforded the same rights and obligations as other married couples in the state.
Rights and Responsibilities of Common Law Spouses in New York
Property Division
One significant area where the recognition of out-of-state common law marriages in New York becomes relevant is property division. If a couple moves to New York with a valid common law marriage and later decides to divorce, they will go through the same property division process as any other legally married couple.
New York follows equitable distribution principles, which means that marital property will be divided fairly, but not necessarily equally, between the spouses. Courts will consider factors such as the length of the marriage, each spouse’s contributions, and the financial needs of each party when determining how to divide assets and debts.
Common law spouses from other states who move to New York should be aware that their marriage will be treated with the same legal weight as a ceremonial marriage when it comes to property division.
Spousal Support and Maintenance
Common law spouses are also entitled to seek spousal support (also known as alimony or maintenance) in New York if their marriage is recognized as valid under the laws of another state. Just like in a ceremonial marriage, a spouse may request support if they are financially dependent on the other spouse, or if they gave up career opportunities or income during the marriage.
The court will consider various factors in determining whether spousal support should be awarded, including:
- The length of the marriage
- Each spouse’s earning capacity and financial situation
- The standard of living established during the marriage
- Any sacrifices made by one spouse for the benefit of the other
Inheritance and Survivor Benefits
Common law spouses may also inherit from each other if one partner dies without a will, provided their marriage is recognized as valid under the laws of another state. In New York, a surviving spouse is entitled to a portion of their deceased partner’s estate, even if no will exists.
Surviving common law spouses are also entitled to receive various survivor benefits, including:
- Social Security benefits
- Pension or retirement account distributions
- Health insurance benefits
To access these benefits, the surviving spouse may need to prove the validity of the common law marriage, especially if the deceased spouse’s family or estate challenges the marriage’s legitimacy.
Legal Complications and Challenges
Proving the Existence of a Common Law Marriage
One of the most significant challenges faced by couples in a common law marriage is proving its existence. Unlike a ceremonial marriage, where a marriage license and certificate serve as definitive proof, common law marriages rely on a combination of circumstantial evidence. This can make it difficult for a couple to assert their marital status in court.
In cases where one spouse challenges the existence of the common law marriage (such as in a divorce or inheritance dispute), the other spouse must provide sufficient evidence to convince the court. This can be a time-consuming and complex process, often requiring witness testimony, documentation of the couple’s living arrangements, and financial records.
Legal Disputes Between Spouses
Another potential complication is the risk of legal disputes between common law spouses, especially in the absence of formal documentation. Disputes over property division, spousal support, and inheritance can become particularly contentious if one party denies the existence of the marriage.
Couples who believe they are in a common law marriage should consider formalizing their relationship by obtaining a marriage license and having a ceremonial marriage. This can help avoid future legal issues and ensure that both partners are fully protected under New York law.
Lack of Clarity for Same-Sex Common Law Marriages
Although same-sex marriage is now legal nationwide, there may still be legal uncertainties surrounding same-sex common law marriages, particularly in states that did not recognize same-sex marriage before Obergefell v. Hodges. Couples in such situations should seek legal advice to ensure that their marriage is properly recognized in New York.
Conclusion
While New York does not recognize common law marriage within its borders, it does extend recognition to common law marriages legally established in other states. Couples who have entered into such marriages and moved to New York can benefit from the same legal rights and protections as any other married couple. However, proving the existence of a common law marriage can be challenging, especially without formal documentation. Couples in common law marriages should be prepared to provide evidence of their relationship and may want to consider formalizing their marriage to avoid future legal complications.
FAQs
Can I establish a common law marriage in New York by living with my partner?
No. New York does not recognize the formation of common law marriages within the state. Cohabiting couples do not acquire the legal status of a married couple simply by living together.
Does New York recognize common law marriages from other states?
Yes. New York recognizes common law marriages that were validly established in states where common law marriage is permitted, such as Texas or Colorado.
What documents can prove a common law marriage in New York?
Documents like joint tax returns, property deeds, bank accounts, insurance policies, and affidavits from people who knew the couple as spouses can help prove the existence of a common law marriage established in another state.
Can common law spouses get divorced in New York?
Yes. Couples in a recognized common law marriage can file for divorce in New York just like formally married couples. The same rules regarding property division, spousal support, and custody apply.