Keith Mack
Alabama is one of the few states in the US that recognizes common-law marriages. However, this changed in 2016 when the Alabama Legislature passed a law banning the recognition of new common-law marriages from 1 January 2017 onwards. This means that couples who were in a common-law marriage before this date are still considered married, but couples after this date must legally marry. To be considered in a common-law marriage in Alabama, four requirements must be met: both parties must have the legal right to marry, there must be a mutual intent to be married, the couple must publicly recognize themselves as a married couple, and consummation and cohabitation must occur.
| Characteristics | Values |
|---|---|
| Date law came into effect | January 1, 2017 |
| Common-law marriages before this date | Still recognised |
| Common-law marriages after this date | Not recognised |
| Prerequisites for common-law marriage | Four aspects: both parties must have the legal right to marry, there must be a mutual intent to be married, the couple must publicly recognise themselves as a married couple, and consummation and cohabitation must occur |
| Benefits of common-law marriage | File taxes together, claim each other for benefits, receive all other benefits and responsibilities of marriage |
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What You'll Learn
Common-law marriage requirements in Alabama
As of January 1, 2017, Alabama no longer recognizes new common-law marriages. However, common-law marriages that began before this date are still valid and treated as regular marriages.
To be considered legally married under common law in Alabama, four requirements must be met:
- Legal Capacity to Marry: Both parties must be legally able to marry in terms of age (above 19 years old), marital status (not currently married to someone else), and mental capacity (of sound mind).
- Mutual Intent to be Married: Each person must intend to be married to the other, considering their relationship a marriage rather than an engagement or courtship. This intent can be demonstrated through public recognition, such as sharing a last name, using "husband" and "wife" titles, filing joint income tax returns, or updating relationship statuses on social media.
- Public Recognition: The couple must publicly recognize themselves as a married couple. This can be done through various means, including sharing a last name, referring to each other as "husband" and "wife", filing joint tax returns, or updating relationship statuses on legal documents or social media platforms.
- Consummation and Cohabitation: The couple must consummate their marriage and cohabit, although there is no specified time limit for cohabitation in Alabama to determine a common-law marriage.
It is important to note that meeting these requirements does not automatically establish a common-law marriage. A judge may consider various factors to determine whether a couple intended to be married and, therefore, formed a valid common-law marriage. Additionally, common-law marriages are legally binding and can only be severed through death or divorce, requiring a legal division of property.
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Common-law marriage no longer recognised after 2017
In Alabama, a common-law marriage is a legally binding union, which can only be ended by divorce or the death of one party. Prior to 2017, a couple could be considered married by common law if they met certain requirements. From January 1, 2017, onwards, Alabama no longer recognizes new common-law marriages.
Prerequisites for Common-Law Marriage in Alabama Before 2017
Before the change in legislation, four aspects needed to be in place for a couple to be considered married under common law in Alabama. Firstly, both parties must have had the legal right to marry in terms of age, marital status, and mental capacity. Secondly, there must have been a mutual intention to be married. Each party must have considered their relationship a marriage rather than an engagement or courtship. Thirdly, the couple must have publicly recognized themselves as a married couple, for instance, by sharing a last name, using "husband" and "wife" titles, or filing joint income tax returns. Lastly, consummation and cohabitation were required, although there was no set time limit for cohabitation.
The Alabama Legislature passed a bill in 2016 that abolished common-law marriages in the state. From January 1, 2017, onwards, Alabama no longer recognizes new common-law marriages. Any unions formed before this date are still considered valid. This means that couples who were in a common-law marriage prior to 2017 are still legally married, but new couples cannot enter into a common-law marriage.
Impact of the Change
The change in legislation means that couples in Alabama who wish to be considered married must now do so through a legal marriage process. Common-law marriages are no longer a valid option for couples in the state. This change was made to address the problems that can arise when a union ends and there is a dispute over whether a common-law marriage existed. By no longer recognizing common-law marriages, Alabama has joined the majority of states in the US that do not recognize this type of union.
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Benefits and responsibilities of common-law marriage
Alabama no longer recognizes common-law marriages that began after January 1, 2017. However, common-law marriages that started before this date are still valid.
Common-law marriages in Alabama are just as legally binding as ceremonial marriages. They can only be ended by divorce or the death of one spouse. Couples in a common-law marriage enjoy the same rights and responsibilities as couples in a traditional marriage, including:
- The ability to file taxes jointly and claim each other for benefits
- Division of property and child custody in the event of a divorce
- Rights of survivorship, including inheriting a spouse's property
- Spousal benefits
- The right to make medical decisions for a disabled spouse
If you are in a cohabiting relationship and want to leave or believe you might want to in the future, it is important to seek legal advice to understand your rights and responsibilities, as you may be considered married in the eyes of the law.
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Common-law marriage and divorce
In Alabama, common-law marriage is recognised if the couple entered into the marriage before 1 January 2017. After this date, common-law marriages are no longer recognised as valid, and couples must legally marry. A common-law marriage in Alabama is a legally binding union, with the same rights and responsibilities as a ceremonial marriage. These include filing taxes together, claiming each other for benefits, and receiving other benefits and responsibilities of marriage.
Prerequisites for Common-Law Marriage in Alabama
- Both parties must be legally able to marry in terms of age, marital status, and mental capacity.
- There must be a mutual intent to be married.
- The couple must publicly recognise themselves as a married couple, for example, by sharing a last name, using "husband" and "wife" titles, filing joint income tax returns, or changing their Facebook relationship status.
- Consummation and cohabitation must occur, although there is no minimum time requirement for cohabitation.
Divorce for Common-Law Marriages
A common-law marriage can be ended through divorce, and the same legal processes that apply to a legal marriage will apply. This includes the legal division of property. Given the vague nature of common-law marriage tests in Alabama, it is recommended to seek the help of a qualified legal professional to sort out the legal standing of the relationship.
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Common misconceptions about common-law marriage
Common-law marriage is not recognized in most states, and where it does exist, there is no simple test to determine whether a couple is married under common law. In Alabama, common-law marriage has not been recognized since 2017. However, couples who entered into common-law marriages before this date are still considered married.
- Cohabitation alone constitutes a common-law marriage: False. While the requirements for common-law marriage vary among states, the two essential elements are cohabitation and "holding out." "Holding out" refers to a couple's actions that signal to the world that they are husband and wife. Examples include sharing a last name, referring to each other as "husband" and "wife," filing joint tax returns, and changing Facebook relationship statuses.
- Living together for a certain number of years results in a common-law marriage: False. While some states require couples to live together continuously as spouses, there is no specific time period mandated by law.
- Having a child together constitutes a common-law marriage: False. A couple can live together for many years and have multiple children but still not be considered married under common law.
- Common-law marriage is only valid in the state where it was established: Not entirely true. Couples who marry under common law are likely to have their marriage recognized in states where common law is not recognized. The "full faith and credit" rule of the U.S. Constitution typically compels sister states to recognize a marriage made valid under another state's laws.
- Common-law marriage grants the same rights as a "regular" marriage: Sort of. A common-law marriage is just as legally binding as a ceremonial marriage, and it can only be ended by death or divorce. However, it can be challenging to prove whether a common-law marriage exists.
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Frequently asked questions
Yes, Alabama is one of the few states that recognize common-law marriage. However, common-law marriages that began after January 1, 2017, are not recognized.
There are four requirements for a common-law marriage to be valid in Alabama. Firstly, both parties must have the legal right to marry in terms of age, marital status, and mental capacity. Secondly, there must be a mutual intent to be married. Thirdly, the couple must publicly recognize themselves as a married couple. Lastly, consummation and cohabitation must occur, although there is no time limit on cohabitation.
Proving a common-law marriage in Alabama can be challenging due to the vague nature of the tests. However, some factors that may help prove a common-law marriage include sharing a last name, using "husband" and "wife" titles, filing joint income tax returns, and having a Facebook relationship status indicating marriage.
A common-law marriage in Alabama is legally binding and provides the same rights and responsibilities as a ceremonial marriage. This includes the ability to file taxes jointly, claim each other for benefits, make medical decisions for a disabled spouse, inherit a spouse's property, and receive survivor benefits.
