Keith Mack
In Massachusetts, common-law marriage is not recognized, meaning that couples cannot acquire marital rights and responsibilities by living together for a particular period of time. However, Massachusetts does recognize common-law marriages created in other states if the legal requirements of those states have been met. This means that if a couple with a common-law marriage from another state divorces or seeks an inheritance in Massachusetts, their marriage will be recognized.
| Characteristics | Values |
|---|---|
| Common law marriage recognized in Massachusetts | No |
| Common law marriage recognized in Massachusetts if obtained in another state | Yes |
| Number of years for common law marriage to be recognized in other states | 7 years |
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What You'll Learn
- Common-law marriage is not recognized in Massachusetts
- Massachusetts recognizes common-law marriages from other states
- Couples in Massachusetts cannot acquire marital rights by cohabiting
- Common-law marriage impacts divorce cases in Massachusetts
- Common-law marriage affects inheritance law in Massachusetts
Common-law marriage is not recognized in Massachusetts
In Massachusetts, common-law marriage is not recognized. This means that no matter how long a couple lives together, they will not be considered legally married unless they go through the state's formal marriage process.
In some U.S. states, common-law marriage allows couples who live together for a certain period, typically seven years, to be considered legally married and thus entitled to the associated rights and benefits. However, Massachusetts does not recognize the creation of common-law marriages within its borders. The only way for a couple in Massachusetts to obtain a common-law marriage is to do so in a state where it is recognized.
Despite not recognizing common-law marriages formed within its jurisdiction, Massachusetts does acknowledge common-law marriages from other states as valid if they meet the legal requirements of those states. This recognition comes into play during divorce and inheritance cases, where the length of the marriage is a critical factor. For example, in alimony cases, the duration of alimony payments may be influenced by whether the couple lived together before their legal marriage, even if that period does not count as a common-law marriage in Massachusetts.
The lack of recognition of common-law marriage in Massachusetts means that couples who wish to enjoy the rights and benefits of marriage must go through the formal marriage process. However, for those who do not want their relationship to be legally recognized as a marriage, it is important to clearly establish this intent, especially if they live in a state that recognizes common-law marriage.
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Massachusetts recognizes common-law marriages from other states
While common-law marriages are not recognized in Massachusetts, the state does recognize common-law marriages that were established in other states. This is due to the Full Faith and Credit Clause of the U.S. Constitution, which requires Massachusetts to honor the marriage laws of other states. This clause has been used in legal arguments for same-sex marriage, as it allows couples to travel to a state where their marriage is legally recognized, get married, and return to their home state, where their marriage must still be recognized.
Massachusetts family law does not recognize common-law marriage, and a couple residing in the state will not be considered spouses without a marriage certificate. However, if a couple lived in a state that recognizes common-law marriage and then moved to Massachusetts, their marriage will be recognized in Massachusetts. This is the case even if the marriage would violate Massachusetts law, unless it goes against the state's public policy, including polygamy, consanguinity, and affinity.
There are some challenges to proving a common-law marriage in Massachusetts. Evidence and witnesses may be located in another state, and the amount of time that has passed since the marriage can impact the facts and evidence. Additionally, Massachusetts judges may be unfamiliar with the legal standards and issues of proof involved in common-law marriage cases.
Common-law marriages from other states are most commonly recognized in Massachusetts during divorce and inheritance cases. In divorce cases, the length of the marriage is often a critical factor, and a common-law marriage can extend the length of time that one spouse is eligible for alimony. In inheritance cases, if one spouse dies without a will, their marital status can have a significant impact on inheritance under the laws of intestacy in Massachusetts.
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Couples in Massachusetts cannot acquire marital rights by cohabiting
In Massachusetts, couples who live together cannot acquire marital rights by cohabiting. The state does not recognize common-law marriages unless they were formed in another state. In other words, couples cannot obtain a common-law marriage in Massachusetts unless it was acquired while living outside of the state.
Massachusetts requires couples to go through the state's formal marriage process and does not grant marital benefits to couples simply based on the length of their cohabitation. This means that no matter how long a couple has lived together or how they present themselves in their community, they will not be considered legally married without a formal ceremony and license.
The only way for unmarried couples in Massachusetts to obtain legal recognition and benefits is through a domestic partnership. This option can provide important protections, such as shared healthcare coverage, hospital visitation rights, and other legal benefits typically associated with marriage.
It is important to note that while Massachusetts does not recognize common-law marriages formed within the state, it does acknowledge those formed in other states. This recognition comes into play during divorce and inheritance cases, where the state's courts may consider the length of premarital cohabitation when dividing marital assets and determining alimony durations. However, proving a common-law marriage, especially one from another state, can be challenging due to the requirements for evidence and witness testimonies.
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Common-law marriage impacts divorce cases in Massachusetts
Common-law marriage is not recognized in Massachusetts. However, the state will recognize common-law marriages originating from other states through the Full Faith and Credit Clause of the United States Constitution. This means that if two individuals in a common-law marriage recognized by another state move to Massachusetts, their union must be recognized by the state.
In Massachusetts, the length of a marriage is the most important factor considered by a judge when dissolving a marriage and determining the division of a couple's assets, as well as the duration of alimony following a divorce. Because common-law marriages are founded upon a period of cohabitation, some Massachusetts couples may seek to extend the length of their legal marriage by "tacking on" a common-law marriage. This can make divorce cases more complicated.
Additionally, proving to a Massachusetts judge that a common-law marriage existed in another state is challenging. Parties trying to prove common-law marriage in Massachusetts face practical challenges, like evidence and witnesses being located in another state, and the impact of the passage of time on facts and evidence. Each year the parties reside in Massachusetts likely adds to the degree of difficulty of proving that a common-law marriage occurred in a prior state.
Furthermore, Massachusetts judges are unfamiliar with the legal standards and issues of proof involved in common-law marriage cases. A party (or their attorney) must essentially teach a Massachusetts judge the foreign state's law and then ask the court to apply it.
In summary, while common-law marriage is not legal in Massachusetts, it can impact divorce cases in the state when the marriage originated in another state. The recognition of out-of-state common-law marriages can affect the length of marriage, asset division, and alimony duration in Massachusetts divorce cases.
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Common-law marriage affects inheritance law in Massachusetts
In Massachusetts, common-law marriage is not recognised. The state requires a formal marriage process, including a marriage license and ceremony. However, under the full faith and credit clause of the United States Constitution, Massachusetts must treat couples who meet the specific requirements for common-law marriage in another state as if they are married.
This has implications for inheritance law in the state. If a couple with a common-law marriage from another state divorces in Massachusetts, their common-law marriage will be recognised. This can impact alimony payments, as Massachusetts law determines the duration of alimony based on the length of the marriage.
Additionally, in cases where one or both spouses die without a will, their marital status could significantly affect inheritance under Massachusetts intestacy laws. Proving a common-law marriage in these cases can be challenging, as at least one key witness who could testify about the relationship is likely deceased.
Cohabitation agreements are also enforceable in Massachusetts. These contracts define and protect the financial interests and rights of unmarried partners who live together or plan to do so. They outline how assets, property, and debts will be divided in the event of separation or death and can include inheritance rights. However, even with a cohabitation agreement, there are still legal differences between marriage and cohabitation in terms of the rights conferred.
In summary, while Massachusetts does not recognise common-law marriage for its residents, it does acknowledge such marriages from other states, which can have consequences for inheritance law in the state, particularly in divorce proceedings and intestate cases.
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Frequently asked questions
No, common law marriage is not recognized in Massachusetts.
No matter how long a couple has lived together, the state of Massachusetts will not recognize them as common-law-married.
Couples who are interested in common law marriage have two options in the state of Massachusetts: getting married or applying for domestic partnership.
Yes, Massachusetts does recognize common law marriages from other states. However, it is important to note that proving a common law marriage in another state can be challenging due to factors such as evidence and witnesses being located in that state.
The impact of premarital cohabitation can affect the division of marital assets. Massachusetts courts are required to consider the length of the marriage, including any period of cohabitation before the legal marriage.
