A common law marriage is a legally recognized marriage between two people who have not purchased a marriage license or had their marriage solemnized by a ceremony. The couple lives together for a period of time and holds themselves out to friends, family, and the community as “being married,” but without ever going through a formal ceremony or getting a marriage license. The legal status of a common law marriage is just like any other marriage, and the couple enjoys all the rights and benefits of marriage, including Social Security, tax benefits, and inheritance rights. However, only a minority of states recognize common law marriage, and the requirements for establishing a common law marriage vary by state.
States with Common Law Marriage
Not all states have statutes addressing common law marriage. In some states, case law and public policy determine validity. Below are some states that recognize common law marriage:
New Hampshire: “persons cohabiting and acknowledging each other as husband and wife, and generally reputed to be such, for the period of 3 years, and until the decease of one of them, shall thereafter be deemed to have been legally married.” (N.H. Stat. §457:39)
South Carolina: allows for marriages without a valid license or ceremony if the couple is living together and holding themselves out as married. (S.C. Code Ann. § 20-1-360)
Pennsylvania: Partners must exchange vows to be married uttering “words in the present tense, uttered with the view and for the purpose of establishing the relation of husband and wife.” (23 Pa. Cons. Stat. § 1103)
Requirements for Common Law Marriage
The requirements for establishing a common law marriage vary by state. Below are some common requirements for most states:
Cohabitation: The couple must live together for a certain period of time, which varies by state.
Intent: Both partners must intend to establish a common law marriage and share their life in a committed, intimate relationship.
Holding Out: The couple must hold themselves out to the public as being married. This can include referring to each other as spouses, filing joint tax returns, and having joint bank accounts.
Financial Impact of Common Law Marriage
Common-law spouses who meet their states’ requirements are eligible for most of the financial benefits of a married couple, including Social Security, tax benefits, and inheritance rights. However, there are some differences in the financial impact of a common law marriage compared to a legal marriage.
Property Rights:
In a legal marriage, both spouses have an equal right to the property acquired during the marriage. In a common law marriage, property rights can be more complicated. Each state has its own rules for dividing property in a common law marriage, and the rules can vary depending on whether the couple has children.
Health Insurance:
Many employers offer health insurance coverage to the spouses of their employees. In a legal marriage, both spouses are eligible for coverage. In a common law marriage, eligibility for coverage can be more complicated. Some employers require proof of a legal marriage, while others may accept a common law marriage if the state recognizes it.
Divorce:
In a legal marriage, the couple must go through a formal divorce process to end the marriage. In a common law marriage, the couple must also go through a formal divorce process to end the marriage. However, if the couple does not meet the requirements for a common law marriage, they may not be able to get a divorce.
Conclusion
In conclusion, a common law spouse is considered a legal spouse in states that recognize common law marriage. The requirements for establishing a common law marriage vary by state, but generally include cohabitation, intent, and holding out. Common-law spouses who meet their states’ requirements are eligible for most of the financial benefits of a married couple, including Social Security, tax benefits, and inheritance rights. However, there are some differences in the financial impact of a common law marriage compared to a legal marriage, including property rights, health insurance, and divorce. If you have questions about the circumstances leading to common law marriage, including the duration of cohabitation, please contact an attorney, a legal services organization, or the clerk of court near you.