Common-Law Marriage: Can You File As Married?

Common-law marriage is a form of legal marriage, and common-law partners are treated the same as legally married couples by the IRS. This means that common-law partners must file joint tax returns, and are entitled to the same tax deductions and benefits as married couples. For example, common-law partners can use employer benefits for their spouses, such as health insurance. However, if common-law partners don't file joint tax returns, they can be held accountable for fraudulent tax returns.

Common-law marriage is a form of legal marriage

If you are recognised as common-law married by your state, you can file as MFJ. However, if you don't file MFS/MFJ, you're in violation. When you file a joint tax return, your tax liability becomes "joint and several", meaning you are each responsible for taxes in full. This is not just for "tax purposes", it's for all purposes. If you separate, you will have to go through a divorce like any other married couple.

Common-law partners can use employer benefits for their spouses

Common-law marriage is a form of legal marriage. Common-law partners are required to file their tax returns as a couple, and they are entitled to the same legal benefits as married couples.

In some places, such as British Columbia, common-law partners do not automatically qualify for their partner's employer-provided benefits. However, some employer benefit plans may extend coverage to common-law spouses, depending on the specific design of the group benefit plan.

These plans are typically established through collective agreements or company policies, and it is important to understand their specific provisions. The criteria for eligibility can differ significantly between plans, with some offering coverage after a short cohabitation period of six months, and others requiring a longer duration of one to five years.

To navigate access to these benefits, it is recommended to discuss your situation with your partner's HR department, which can provide the most accurate and up-to-date information on eligibility requirements and the enrollment process.

Common-law couples can file a joint tax return

When common-law couples file a joint tax return, their tax liability becomes "joint and several", meaning that each partner is responsible for the taxes in full. This can have repercussions if the couple separates, as they will have to go through a divorce like any other married couple.

By filing a joint tax return, common-law partners can use employer benefits for their spouses. For example, if one partner does not have health insurance, they can be covered under their common-law spouse's plan. Common-law couples are also entitled to various tax deductions, such as a mortgage interest deduction if they own a house together. Additionally, if they have children together, they can claim even more credits or deductions.

It is important to note that common-law marriage is not recognized in all states. In states that do not recognize common-law marriage, couples may need to sign a document and submit it to be considered married at common law. Filing a joint tax return can be one way to fulfil this requirement.

Common-law marriage is recognised in most US states

When common-law partners file a joint tax return, their tax liability becomes "joint and several", meaning that they are each responsible for taxes in full. However, if common-law partners do not file a joint tax return, they can be held accountable for fraudulent tax returns.

One way to be in a common-law marriage is to sign a document and submit it. Another way is to hold yourself out as being married, and filing a joint tax return would fulfil this element.

Common-law partners are eligible for the same legal benefits as married couples

However, it is important to note that common-law marriage is not recognised in all states. In states that do recognise it, filing a joint tax return is one way to fulfil the requirement of holding yourself out as married. If you are in a state that does not recognise common-law marriage, you may be in violation of tax laws if you file as married.

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