Cecily Zamora
The recognition of common-law marriages varies across different states. While some states completely disregard such marriages, others acknowledge them with certain limitations, and a few states fully validate them. The military generally recognizes common-law marriages as valid if the state where the marriage occurred acknowledges it as such. This means that if a common-law marriage meets the legal requirements of the state, it will be recognized by the military and in other states. However, an exception applies when the marriage violates the public policy of the state, such as in the case of same-sex marriages or marriages between related individuals.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage | The military considers common-law marriage an "informal marriage" and generally recognizes it as valid if the state where it occurred does. |
| Requirements for common-law marriage | An agreement to be married, cohabitation, and acting as a married couple publicly are common requirements. Specific criteria vary by state. |
| State recognition | Common-law marriage is recognized by a handful of states, with varying degrees of acknowledgement and limitations. |
| Military spouse benefits | A lack of a marriage certificate or formal recognition can impact access to military spouse benefits, as seen in the case of Brittany, whose partner, Mike, passed away. |
| Same-sex marriages | The VA recognizes all same-sex marriages without regard to the veteran's state of residence, offering equal benefits and services. |
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What You'll Learn
Common-law marriage recognition varies by state
The recognition of common-law marriages varies across the United States. While some states completely disregard this concept, rendering common-law marriages invalid, a handful of others fully recognize and validate them. Certain states acknowledge common-law marriages but with significant limitations.
Common-law marriages have traditionally been considered a form of protection for vulnerable individuals in relationships, especially women, who conducted themselves as spouses in good faith. Despite its decreasing prevalence, a few states continue to recognize common-law marriages. Establishing such a marriage can offer benefits like inheriting assets after a partner's death, dividing assets in case of separation, and accessing marital benefits.
The military considers a common-law marriage as an "informal marriage" and generally recognizes it as valid if it is acknowledged as a valid marriage in the state where it occurred. Military members can marry whomever they want, including same-sex partners, and there are no military marriage fees or special license requirements. However, cadets at military service academies are typically not permitted to marry until they graduate or leave their academy.
The Department of Veterans Affairs (VA) recognizes marriages that are considered valid under the law of the place where at least one of the parties resided when they were married or when the claimant became eligible for benefits. The VA also recognizes all same-sex marriages, regardless of the veteran's state of residence, following the Supreme Court ruling in Obergefell v. Hodges. For VA benefits and services, the VA treats all married couples equally, requiring the same evidence for claims and applications involving same-sex and opposite-sex marriages.
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Military recognition of common-law marriage
The military generally recognizes common-law marriages as valid if they are acknowledged as valid in the state where they occurred. This means that the marriage meets the legal requirements of that state, including an agreement to be married, cohabitation, and acting as a married couple to the public. However, it's important to note that not all states recognize common-law marriages, and the requirements may vary across states.
In the context of the military, the recognition of common-law marriage can have significant implications for spousal benefits. For example, in the case of Mike and Brittany, who lived together on base for a decade and considered themselves a married couple, Brittany may face challenges in accessing certain military spouse benefits after Mike's unexpected passing due to their lack of a marriage certificate.
The Department of Veterans Affairs (VA) recognizes marriages, including common-law marriages, based on the law of the place where the couple resided when they were married or when the claimant became eligible for benefits. This applies to both same-sex and opposite-sex marriages, following the Supreme Court ruling in Obergefell v. Hodges in 2015. The VA generally accepts a claimant's assertion of marriage as sufficient evidence for VA benefits and services but may investigate further if the assertion appears unreliable.
It's worth noting that while the military recognizes common-law marriages in certain circumstances, there are no specific military marriage laws or fees. Military members are free to marry whomever they choose, including same-sex partners, without the need for a special license. However, there are rules for specific groups, such as cadets at military service academies, who are typically not permitted to marry until they graduate.
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Common-law marriage requirements
The requirements for common-law marriage vary across different states. Common-law marriage, also known as marriage without formalities or informal marriage, is a valid and legal way for a couple to marry in some states.
In the context of the military, a common-law marriage is considered an "informal marriage". The military generally recognizes a common-law marriage as valid if it is acknowledged as a valid marriage in the state where it occurred.
There are some common requirements that many states require to validate a common-law marriage. These include:
- An agreement to be married, whether explicit or implied
- Living together for a period of time (cohabitation)
- Acting as a married couple to the public
It is important to note that the standards for common-law marriage may vary by state, so it is advisable to consult the specific laws of a state to confirm the criteria for establishing a common-law marriage in that state.
In terms of the military, it is important to understand how marrying a foreign citizen may impact security clearance. Any ties to a foreign country, including marriage to a foreign national, will be scrutinized before granting security clearance.
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Common-law marriage benefits
The US military does not recognize common-law marriages or engagements. However, the military may recognize a common-law marriage as valid if it is acknowledged as a valid marriage in the state where it occurred. Only a few states recognize common-law marriages. In those states, for a common-law marriage to be legal, partners must clearly represent themselves as husband and wife to others; simply cohabiting is insufficient. A state that does not recognize common-law marriage may nevertheless honor it if the couple previously lived in a state that did recognize it and met the requirements while residing there.
The military considers a common-law marriage an "informal marriage." In the past, it was common for states to consider a man and a woman married if they cohabited for a certain period, had sexual intercourse, and held themselves out as husband and wife, even without a marriage ceremony. Today, each state establishes its own regulations concerning common-law marriage, with some states disregarding the concept and rendering it invalid.
Military spouses are called dependents and are eligible for benefits such as increased basic housing allowances, military healthcare, and access to on-post services like tax-free shopping, free tax preparation, veterinary care, and free legal assistance. Additionally, the military provides career support and scholarships for military spouses. If both spouses are in the military, their combined allowances and benefits may decrease.
The Uniformed Services Former Spouse Protection Act provides certain benefits to former spouses of military members, such as medical, commissary, exchange, and theater privileges under the Morale, Welfare, and Recreation program if specific requirements are met. Eligible biological and adopted children of service members may receive TRICARE benefits up to age 21 or 23 if enrolled in college.
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Same-sex common-law marriage recognition
The recognition of same-sex common-law marriages varies across different jurisdictions. While some countries and states have revised their marriage laws to recognise same-sex couples, others have constitutional amendments banning same-sex marriage.
In the US, the Defense of Marriage Act (DOMA) gave individual states the power to make their own decisions about marriage. As a result, some states recognise same-sex common-law marriages, while others do not. For example, in Pennsylvania, the 2017 Superior Court case, In Re Estate of Carter, held that "same-sex couples have precisely the same capacity to enter marriage contracts as do opposite-sex couples". In contrast, twelve states passed constitutional amendments banning same-sex marriage in 2004, including Texas, Louisiana, and Alabama. However, on June 26, 2015, the US Supreme Court decided in favour of same-sex marriage in Obergefell v. Hodges. As a result, same-sex marriage is now recognised in all fifty states of the US and in the District of Columbia.
In Europe, Article 12 of the European Convention on Human Rights (ECHR) states that "men and women of marriageable age have the right to marry and to found a family, according to the national laws governing the exercise of this right". While the ECHR initially interpreted this provision as limiting marriage to heterosexual relationships, the court has since accepted and considered cases concerning same-sex marriage recognition. In 2021, the court ruled that countries must provide some form of legal recognition to same-sex couples, although not necessarily marriage.
In summary, while there has been a growing trend towards the recognition of same-sex common-law marriages, the specific laws and regulations vary depending on the jurisdiction. It is important to consult the specific laws and regulations of the relevant state or country to understand the current recognition of same-sex common-law marriages in that jurisdiction.
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Frequently asked questions
The army generally recognizes common-law marriage as valid if it is acknowledged as a valid marriage in the state where it occurred. However, there are variations in how common-law marriage is treated across states, with some states disregarding it, some recognizing it with limitations, and a few fully validating it.
The requirements for a common-law marriage to be recognized by the army depend on the specific state laws where the marriage occurred. Common requirements across states include an agreement to be married, cohabitation for a period of time, and publicly acting as a married couple.
Spouses in a common-law marriage recognized by the army may be eligible for similar benefits as those in a traditional marriage, including spousal support upon a service member's death and access to marital benefits like insurance. However, it is important to consult the specific laws and policies of the relevant state and military branch.
