Kara Sears
Vermont is one of many states in the US that does not allow common-law marriages within its jurisdiction. This means that interested persons cannot form a common-law marriage in Vermont, irrespective of how long they have lived together. However, the state does preserve the rights of common-law couples from other states, where such unions are allowed. For example, a common-law wife in Vermont has similar rights as those in a formal marriage, as long as the marriage originated from a state where common-law marriage is permitted.
| Characteristics | Values |
|---|---|
| Common law marriages in Vermont | Not recognized by the state or federal government |
| Common-law couples' rights | Similar to formal marriages, as long as the marriage originated in a state where such unions are allowed |
| Common-law couples' entitlements | Property divisions, spousal support, child custody, social security |
| Requirements for marriage in Vermont | Marriage license, necessary marriage formalities, "legally free to marry" |
| Legal age of marriage in Vermont | 18 years or above; 16 years with parental or guardian consent |
| Remarriage after divorce | Allowed after the previous marriage has been legally dissolved |
| Remarriage after the death of a partner | Allowed at any time |
| Cohabitation agreements | Recommended to include inheritance and financial obligations towards children |
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What You'll Learn
Common-law marriage is not recognised in Vermont
In the United States, common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage. Common-law marriage is not recognised in Vermont.
In Vermont, common-law marriage is known as "marriage by habit and repute". This means that if a couple lives together in a marital-like situation and holds themselves out to the public as a married couple, they are considered married. However, Vermont does not recognise such marriages. The state of Vermont only recognises spouses as being in a relationship if they obtain a marriage license and undergo a legally binding ceremony. This means that even if a couple considers themselves married under common-law, they will not be recognised as such in Vermont unless they have a marriage license and have had a ceremony.
There are several reasons why common-law marriage is not legally recognised in Vermont. One reason is that in states where common-law marriage is allowed, both spouses must present themselves to others as married. While in other states, witnesses can be called upon to validate the couple's relationship, such testimony would not lead to the legal recognition of common-law marriages in Vermont. Another reason is that in states that recognise common-law marriage, couples may jointly file their tax returns and claim financial benefits due to married people. However, in Vermont, the tax and financial benefits of marriage do not extend to common-law marriages because they are not recognised.
If a couple enters into a common-law marriage in another state that recognises such marriages, they will need to consider getting formally married if they move to Vermont. To convert a common-law marriage into a formally recognised marriage in Vermont, both spouses must appear in person at their local courthouse. American citizens aged 18 and older will need a government-issued ID, while resident aliens will need their passport and a copy of their work visa. After a ceremony, the couple should retain a copy of the marriage certificate, which will serve as proof of their relationship in the event of divorce or the death of a spouse.
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Common-law couples may require an attorney for divorce
Vermont does not recognize common-law marriages. However, common-law couples seeking a divorce may still require legal assistance to navigate the complexities of their separation. While it is not a legal requirement to hire an attorney for divorce in Vermont, doing so can provide several benefits and ensure a more seamless process.
Common-law couples often accumulate shared assets, debts, and financial obligations during their relationship. Dividing these shared responsibilities fairly and efficiently can be challenging without legal guidance. An attorney can help common-law couples understand their rights and obligations regarding property division, debt allocation, and any other financial matters that need to be addressed during their separation.
Additionally, if children are involved, the process becomes more intricate. Custody arrangements and child support agreements need to be established, always prioritizing the best interests of the children involved. An attorney can help common-law couples navigate these sensitive matters, ensuring that the children's well-being is at the forefront of all decisions while also protecting the rights of their clients.
Moreover, the emotional nature of a divorce can often cloud judgment and make it difficult for couples to communicate effectively. An attorney can act as an impartial mediator, facilitating productive conversations and negotiations between the couple. They can help develop creative solutions that respect the interests of both parties, reducing the potential for costly and protracted litigation.
While some common-law couples may choose to represent themselves in divorce proceedings, seeking legal counsel can offer valuable expertise and peace of mind. Attorneys experienced in family law can provide guidance tailored to the unique circumstances of each case, ensuring that their clients' rights are protected and that they receive a fair outcome. Vermont offers various resources for individuals seeking legal advice, including the Vermont Commission on Women, which provides low-cost consultations with local attorneys, and the Vermont Bar Association's Lawyer Referral Service, connecting individuals with attorneys in their area of need.
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Common-law wives can collect social security in Vermont
Vermont does not recognize common-law marriages. However, if you live in another state that does recognize common-law marriages, the Social Security Administration (SSA) will recognize your common-law marriage as a valid marriage.
The SSA defines a common-law marriage as a marriage considered valid under certain state laws, even though there was no formal ceremony. It is a marriage between two persons free to marry, who consider themselves married, live together as a married couple, and meet other requirements in some states.
To prove a common-law marriage, the SSA requires either the preferred evidence or other convincing evidence of the marriage. The preferred evidence of a common-law marriage is the signed statements of both the husband and wife and those of two blood relatives. If either spouse is deceased, the SSA requires the signed statements of the living spouse and two blood relatives of the deceased spouse. In the case of both spouses being deceased, the SSA will accept the signed statements of one blood relative from each spouse. All signed statements should explain why the signer believes there was a marriage between the two persons.
If you cannot provide the preferred evidence, the SSA will ask you to explain why and provide other convincing evidence of the marriage. With the appropriate evidence, common-law wives can collect social security in states that recognize common-law marriages.
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Unmarried cohabitants do not have the same rights as married individuals
Vermont does not recognize common-law marriages within its jurisdiction. Interested persons who want to marry in Vermont must obtain a marriage license and perform all necessary marriage formalities. The state, however, preserves the rights of common-law couples from other states where such unions are allowed. For instance, a common-law wife in Vermont has similar rights as those in a formal marriage as long as the marriage originated from a state where such a union is permitted. Examples of rights a common-law wife may be entitled to include spousal support, property divisions, and social security.
To save themselves and their cohabitant from court procedures, unmarried couples can include as many details as possible in the terms of their inheritance in a cohabitation agreement. They can also point out who takes financial obligations for their children. It is recommended that cohabitants visit a local lawyer to prepare a cohabitation agreement. It is also important to keep cohabitation contracts updated with new specifics as everything can change over time.
Some states have statutes that make cohabitation a criminal offense under adultery laws. For example, under one state's law, cohabitation means "regularly residing with an adult of the same or opposite sex, if the parties hold themselves out as a couple, and regardless of whether the relationship confers a financial benefit on the party receiving alimony."
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Cohabitation is a criminal offence in some states
In the United States, there is no legal registration or definition of cohabitation. Demographers have developed various methods of identifying cohabitation and measuring its prevalence. The Census Bureau defines an "unmarried partner" as a "person age 15 years and over, who is not related to the householder, who shares living quarters, and who has a close personal relationship with the householder."
Cohabitation is not a criminal offence in most states, and anti-cohabitation laws are often not enforced. However, as of 2023, Mississippi is the only state that still has unenforced laws against cohabitation. In the past, some states have had anti-cohabitation laws, such as Florida, which repealed its ban on cohabitation in 2016, and North Carolina, which had its law against opposite-sex cohabitation struck down by a judge.
Some states, like California, have laws that recognize cohabiting couples as "domestic partners," granting them limited legal recognition and rights similar to those of married couples. In Washington State, upon the dissolution of cohabitations meeting certain requirements, property distribution is required, although the rules are not as favourable as those for married couples.
While cohabitation is not a criminal offence in most states, it is important to note that common law marriages, where a couple establishes a legal marriage by living together and holding themselves out as married, are only recognized in a handful of states, including Vermont, where it is known as "marriage by habit and repute."
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Frequently asked questions
No, Vermont does not recognize common-law marriages within its jurisdiction.
A common-law wife in Vermont has similar rights as those in a formal marriage as long as the marriage originated from a state where such a union is allowed. Examples of rights a common-law wife may be entitled to include spousal support, property divisions, and more.
The divorce process is generally smooth if the partners involved have signed a prenuptial agreement. Common-law couples may be entitled to property divisions, spousal support, or child custody depending on the agreement.
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