Marriage is one of the most important decisions a person can make in their lifetime. While traditional marriage ceremonies are still popular, many couples choose to forego the formalities and opt for a common law marriage. Common law marriage is a legal concept that recognizes a couple as married even if they did not have a formal ceremony or obtain a marriage license. However, it is important to note that not all states recognize common law marriages, and the rules can vary from state to state. This article will focus on common law marriage in New York and what you need to know if you are considering this type of relationship.
What is Common Law Marriage?
Before we delve into the specifics of common law marriage in New York, let’s define what it is. Common law marriage is a legal recognition of a couple as married even if they have not gone through a formal wedding ceremony or obtained a marriage license. It is important to note that not all states recognize common law marriage, and the requirements can vary from state to state.
New York State and Common Law Marriage
New York does not recognize common law marriage, which means that couples who want to be legally recognized as married must obtain a marriage license and have a formal wedding ceremony. However, there are exceptions to this rule. If a couple was married in a state that does recognize common law marriage and then moves to New York, their marriage will still be recognized in the state.
Additionally, New York does recognize common law marriages that were established prior to the state’s abolishment of the practice in 1933. This means that if a couple was living together and holding themselves out as married prior to 1933, their relationship may be recognized as a common law marriage in the state.
What You Need to Know About Common Law Marriage in New York
- Common Law Marriage in New York is Not Recognized As mentioned earlier, New York does not recognize common law marriages. Couples who want to be legally recognized as married must obtain a marriage license and have a formal wedding ceremony.
- Exceptions to the Rule There are exceptions to the rule, however. If a couple was married in a state that does recognize common law marriage and then moves to New York, their marriage will still be recognized in the state.
- Common Law Marriage Established Prior to 1933 is Recognized If a couple was living together and holding themselves out as married prior to 1933, their relationship may be recognized as a common law marriage in the state. However, it is important to note that the burden of proof falls on the couple to show that they were living together as husband and wife.
- Cohabitation Agreements Couples who choose not to get married can still protect their legal rights by entering into a cohabitation agreement. This is a legal document that outlines each partner’s rights and responsibilities in the relationship, such as how property will be divided in the event of a breakup. Cohabitation agreements can also address issues such as child custody and support.
- Property Rights In New York, property acquired during a marriage is generally considered marital property and is subject to division in the event of a divorce. However, property acquired during a common law marriage that is recognized by the state will also be subject to division in the event of a breakup.
- Estate Planning Couples who are not legally married do not have the same estate planning rights as married couples. For example, if one partner dies without a will, the other partner may not inherit any assets. It is important for unmarried couples to have a will and other estate planning documents in place to ensure that their wishes are carried out.
- Social Security Benefits Unmarried couples are not entitled to Social Security benefits based on their partner’s earnings, but in some cases, a surviving partner may be eligible for survivor benefits if they were in a long-term committed relationship and meet certain eligibility requirements.
- Health Care Benefits Unmarried partners may not be eligible for the same health care benefits as married couples, such as coverage under a spouse’s employer-sponsored health insurance plan. However, some employers offer domestic partner benefits, which can provide coverage for unmarried partners.
- Child Custody and Support In the event of a breakup, unmarried couples who have children may face some challenges when it comes to child custody and support. However, both parents have a legal obligation to support their children, and the court will make decisions based on the best interests of the child.
- Immigration Marriage is a common way for foreign nationals to obtain legal status in the United States. However, if a couple is not legally married, the foreign national may not be able to obtain a green card through their partner. There are some exceptions to this rule, such as the K-1 visa, which is available for fiancés of U.S. citizens.
Conclusion
Common law marriage is not recognized in New York, which means that couples who want to be legally recognized as married must obtain a marriage license and have a formal wedding ceremony. However, there are exceptions to this rule, such as recognizing common law marriages that were established prior to 1933 or marriages that were recognized in another state. Unmarried couples can protect their legal rights through a cohabitation agreement and estate planning. It is important to understand the legal implications of your relationship and take steps to protect your rights and interests.