Keith Mack
Kentucky does not recognize common-law marriages, meaning that couples must obtain a marriage license and have a legal ceremony to be considered legally married in the state. However, if a couple is considered to be in a common-law marriage in another state, Kentucky will recognize this as a valid marriage. To prove a common-law marriage from another state, parties must demonstrate that the law of the state in which the marriage was contracted permits common-law marriage and that the requirements of the law have been met. Unmarried cohabitants in Kentucky do not have the same rights as married couples, including property rights, spousal allowances, and medical decision-making.
| Characteristics | Values |
|---|---|
| Common law marriage in Kentucky | Not recognized |
| Common law marriage in another state | Recognized in Kentucky |
| Proving a common law marriage in another state | Demonstrate that the law of the state in which the marriage was contracted permits common law marriage and that the requirements of the law have been met |
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![The Common School Laws of Kentucky. [1894]](https://m.media-amazon.com/images/I/51VRz-UqN+L._AC_UY218_.jpg)
What You'll Learn
- Common law marriage in Kentucky is no longer recognised
- A Kentucky marriage license is required to be legally married
- Common law marriages from other states are recognised in Kentucky
- There are legal alternatives to common law marriage
- Common law couples can seek court orders for child support and custody
Common law marriage in Kentucky is no longer recognised
Common-Law Marriage in Kentucky Is No Longer Recognized
Common-law marriage in Kentucky has not been legal for over 150 years. In Kentucky, a marriage is only considered legal when accompanied by a valid marriage license. Simply living together and presenting as a married couple does not establish a valid marriage in the state.
While Kentucky does recognize common-law marriages that are valid in other states, this is only if the marriage was contracted in a state where common-law marriage is permitted and the requirements of that state's law have been met. However, as of 2021, only eight states allow common-law marriages, and Kentucky is not one of them.
Couples in Kentucky who claim a common-law marriage do not receive the same legal rights and protections as legally married couples. They do not have the same rights regarding property, medical and end-of-life decisions, and inheritance. Additionally, they may not have access to divorce court, although they can seek court action to receive child custody and support orders.
The court's decision in Jones v. Mayer means that no new common-law marriages can be established in Kentucky, although common-law marriages established before 1990 are still recognized. This decision has been criticized for unfairly penalizing low-income couples who cannot afford a formal marriage ceremony or obtain a marriage license due to immigration status or a criminal record.
If you are in a common-law marriage in Kentucky, it is essential to consult with a family law attorney to understand your legal rights and obligations.
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A Kentucky marriage license is required to be legally married
In Kentucky, a marriage license and a legal ceremony are required to be considered legally married. Common-law marriages are not recognized in the state, and couples cannot be considered husband and wife without a valid marriage license. While Kentucky recognizes common-law marriages that were established in other states before 1990, it does not allow new common-law marriages to be formed within the state.
To obtain a marriage license in Kentucky, both parties must present acceptable forms of identification, such as a driver's license, government-issued photo ID, original birth certificate, or passport. Non-US citizens must provide an original birth certificate and passport or government-issued ID. There is a fee for the license, which varies across counties, ranging from $50 to $60. The marriage license is valid for 30 days, including the date of issue, and can be used anywhere in the Commonwealth of Kentucky.
Minors under 17 years of age cannot marry in Kentucky under any circumstances. Seventeen-year-olds can only obtain a marriage license with a certified copy of a court order granting permission to marry from a family or district court judge. They must also wait at least 15 days after obtaining the order before appearing at the county clerk's office to receive the license.
It is important to note that same-sex marriage is not currently recognized in Kentucky, and there are no domestic partnership or civil union statutes to confer spousal benefits to gay couples. However, Kentucky does accept any government-issued ID for marriage licenses and does not impose residency requirements on ministers or priests performing marriages in the state.
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Common law marriages from other states are recognised in Kentucky
Kentucky does not recognize common-law marriages contracted within the state. However, it does recognize common-law marriages that were validly formed in other states. This recognition of out-of-state common-law marriages is based on the Constitution's "full faith and credit" clause.
To prove a common-law marriage from another state, the couple must demonstrate two things. Firstly, they must show that the law of the state in which the marriage was contracted permits common-law marriage. Secondly, they must prove that their union met the requirements for a common-law marriage in that particular state.
Despite recognizing out-of-state common-law marriages, Kentucky does not afford these couples the same legal protections as formally married couples. For instance, in the event of a separation, there is no legal requirement to divide property or assets, and common-law spouses are not entitled to spousal support.
It is important to note that the recognition of out-of-state common-law marriages in Kentucky only applies to those established before 1990. After January 1, 1990, Kentucky no longer recognized any new common-law marriages, whether established within the state or elsewhere. This change was due to a 1998 law that abolished common-law marriage in Kentucky.
In summary, while Kentucky does recognize common-law marriages from other states, the validity of such marriages is dependent on when and where they were established. Couples in a common-law marriage, regardless of its origin, may benefit from consulting a family law attorney to understand their specific legal rights and obligations in Kentucky.
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There are legal alternatives to common law marriage
Kentucky does not recognize common-law marriages. Couples must obtain a marriage license and have a legal ceremony to be considered legally married in the state. However, if you were considered common-law married in another state, you will automatically maintain your common-law marriage in Kentucky when you move there.
There are several legal alternatives to common-law marriage that offer flexibility and valuable protections. However, they require careful planning and documentation to safeguard the relationship fully. Here are some alternatives to common-law marriage:
- Domestic partnerships: Domestic partnerships are available in some states for both same-sex and opposite-sex couples who prefer a legal alternative to marriage. Domestic partnerships can provide valuable rights and protections for couples who wish to formalize their commitment without a traditional marriage. However, the rights and protections conferred by domestic partnerships may vary from state to state.
- Civil unions: Civil unions are another legal alternative to marriage that grants couples the legal status of a married couple but only within the state where the union occurs. For example, Colorado allows for civil unions, but Texas does not. Some states that offer civil unions may also allow them to be converted into marriages if the couple desires.
- Cohabitation agreements: A cohabitation agreement is a legal contract between two people who live together but are not married. It outlines each person's rights and responsibilities within the relationship, including finances, property, and support obligations in the event of a breakup. While not as formal as spousal support, cohabitation agreements may also include terms for financial support, often called "palimony."
- Prenuptial agreements: Prenuptial agreements, commonly known as prenups, are valuable for couples from all walks of life, not just the extremely wealthy. They can help couples address financial and legal issues before marriage and provide clarity and protection for both partners.
It is important to note that the availability and specific benefits, responsibilities, and limitations of these alternatives may vary from state to state. To ensure that your relationship is adequately protected, consider consulting with a legal professional familiar with the laws in your state.
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Common law couples can seek court orders for child support and custody
Kentucky does not recognize common-law marriages within the state. Couples must obtain a marriage license and have a legal ceremony to be considered legally married in Kentucky. Simply living together and presenting as a married couple does not establish a valid marriage under Kentucky law. However, if a couple has a valid common-law marriage in another state, Kentucky will honor that marriage. To prove a valid common-law marriage in another state, the couple must demonstrate that the state in which the marriage was established permits common-law marriage and that the requirements of that state's law have been met.
While common-law couples in Kentucky do not have the same rights as legally married couples, they can still seek court orders for child support and custody. When a common-law relationship ends, the couple will likely have to go to family court if they share a child. The court will make custody decisions based on the best interests of the child and calculate child support obligations based on the number of children, custody arrangements, and combined income.
In addition to matters related to children, common-law couples may have other legal options when their relationship ends. If the couple owns property together, they may have contract or property rights that can be addressed in civil court. They may also have additional rights under the state's business laws, depending on how they manage their finances.
To protect themselves in a breakup, common-law couples in Kentucky can seek legal advice to understand their rights and obligations. While common-law marriage is not recognized within the state, it is important to note that Kentucky has a history of common-law marriages and currently recognizes such marriages established in other states. Therefore, it is crucial for couples to be aware of the legal implications and requirements of common-law marriage, especially if they intend to move to another state or have connections to another state where common-law marriage is recognized.
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Frequently asked questions
No, common-law marriage is not recognized in Kentucky. However, if a couple is considered common-law married in another state, they will automatically maintain that status in Kentucky.
The court's decision in Jones v. Mayer states that common-law marriages established before 1990 will be recognized in Kentucky, but no new common-law marriages can be established in the state.
To prove a common-law marriage in Kentucky, it must be valid in the state in which it was contracted. The couple must demonstrate that the law of the state in which the marriage was contracted permits common-law marriage and that the requirements of the law have been met.
Common-law married couples in Kentucky do not receive the same legal rights and protections as legally married couples. They do not have the same rights to spousal allowances, forced shares, or preference as an estate administrator. However, they can seek court orders for child support and custody.
Couples in a common-law marriage in Kentucky may not have access to divorce court. However, they can seek legal support for their breakup, including through contract, business, or property laws.
