Kara Sears
In the United States, common-law marriage is a concept of marriage that does not require a formal marriage license, ceremony, or a religious or legal authority to officiate. In Kentucky, common-law marriage is not recognized, and couples must obtain a marriage license and have a legal ceremony to be considered legally married. While Kentucky does not recognize common-law marriages contracted within the state, it does recognize such marriages that are valid in the state in which they were contracted. Unmarried couples in Kentucky face different property rights laws compared to married couples, and they may seek legal counsel to establish certain expectations and rights similar to those of married couples.
| Characteristics | Values |
|---|---|
| Common law marriage recognized in Kentucky | No, Kentucky does not recognize common law marriage. However, Kentucky recognizes a common-law marriage that is valid in the state in which it was contracted. |
| Legal age to marry in Kentucky | 18 years old without parental consent. Below 18 years, parental consent is required. |
| Property rights for unmarried couples | Kentucky courts have made it clear that intimate unmarried relationships do not give rise to property rights equal to those enjoyed by married persons. |
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What You'll Learn
Kentucky does not recognize common-law marriage
In Kentucky, common-law marriage is not recognised. In 1852, the state stopped recognising common-law marriage, and couples who had previously been in a common-law marriage were required to take legal marriage vows to continue their relationship.
Common-law marriage, also known as informal marriage, is a union between two individuals without a formal marriage license. It does not require a ceremony or a religious or legal authority to officiate. However, in Kentucky, a wedding is only considered legal if the couple has a valid marriage license. Simply living together and presenting as a married couple does not establish a valid marriage in the state of Kentucky.
Kentucky law provides no automatic protections for unmarried couples without proper estate planning. Unmarried couples face different property rights laws compared to married couples. For instance, marital property laws regarding property division and maintenance do not apply to unmarried couples.
While Kentucky does not recognise common-law marriages contracted within the state, it does recognise common-law marriages that were valid in the state in which they were contracted. To prove a valid common-law marriage in another state, parties must demonstrate that the law of that state permits common-law marriage and that they fulfilled the requirements.
It is important to note that same-sex couples in Kentucky are regarded as unmarried cohabitants, as same-sex marriage is currently not an option in the state.
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Common-law marriage has not been legal in Kentucky for over 150 years
Common-Law Marriage in Kentucky
Common-law marriage, or informal marriage, is a union between two individuals without a formal marriage license. Unlike a formal marriage, it does not require a ceremony, nor a religious or legal authority to officiate. To be considered a married couple under common law, both parties must be of legal age to marry. In Kentucky, this is 18 years old, or with parental consent if under 18.
The Legal Situation in Kentucky
In Kentucky, a marriage is only legal if the couple has a valid marriage license. Simply living together and presenting as a married couple does not constitute a legal marriage. Unmarried couples living together are considered domestic partners, but Kentucky law does not provide automatic protections for these partners without proper estate planning.
Legal Rights and Protections
Couples in Kentucky who claim a common-law marriage do not receive the same legal rights and protections as legally married couples. If a common-law couple splits up, a civil court can handle contract or property rights, and depending on how finances are managed, there may be additional rights under the commonwealth's business laws. However, the Kentucky Court of Appeals has stated that intimate unmarried relationships, even long-standing ones, do not give rise to property rights equal to those of married persons.
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Unmarried couples in Kentucky can seek property rights
Kentucky does not recognize common-law marriages within the state. In 1852, the state stopped recognizing common-law marriages, and couples who had previously been in such a marriage were required to take legal marriage vows to maintain their relationship.
However, Kentucky does recognize common-law marriages that were valid in the state in which they were contracted. To prove a valid common-law marriage in another state, the couple must demonstrate that the law of that state permits common-law marriage and that the requirements of the law have been met.
Kentucky, like most other states, is an equitable division state. In equitable division states, property acquired during a marriage becomes marital property. During a divorce or legal separation, courts divide marital property fairly between the spouses, but not always equally.
Kentucky courts have made it clear that intimate unmarried relationships, even those of a long-standing and committed nature, do not give rise to property rights equal to those enjoyed by married persons. Persons who have cohabited without marriage will not have their property divided at the termination of the relationship, as divorcing parties may.
Inheritance laws give married spouses specific rights to inherit on their spouse's death, which do not apply to unmarried couples. Without specific estate planning, even a long-term unmarried partner does not have any enforceable rights upon the death of the other.
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Common-law marriage in another state may be recognized in Kentucky
In Kentucky, common-law marriages are not recognized if they were contracted within the state. However, the state does recognize common-law marriages that were validly formed in another state. This recognition extends to common-law marriages formed in other states even if they would not have been recognized in Kentucky.
To prove a valid common-law marriage in another state, the couple must demonstrate that the law of the state in which the marriage was contracted permits common-law marriage and that they met the requirements of that state's law. This means that if a couple enters into a common-law marriage in a state that recognizes such marriages and then moves to Kentucky, their marriage will be recognized under Kentucky law.
It is important to note that the requirements for a valid common-law marriage vary by state. In general, to be considered married under common law, couples must be of legal age to marry, have the capacity to enter into a marriage, and intend to be married. This intention can be established through evidence of cohabitation, joint finances, and other indicators of a committed relationship.
While Kentucky recognizes common-law marriages from other states, it is worth noting that common-law marriages in Kentucky itself are not recognized. Couples in Kentucky who claim a common-law marriage do not receive the same legal rights and protections as legally married couples. Simply living together and presenting as a married couple does not establish a valid marriage under Kentucky law.
Additionally, in the case of Jones v. Mayer, the court held that Kentucky no longer recognizes any new common-law marriages entered into after January 1, 1990. This decision was based on a law passed in 1998 that abolished common-law marriage in the state. As such, no new common-law marriages can be established in Kentucky, but marriages established prior to 1990 are still recognized.
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Kentucky does not recognize same-sex common-law marriage
In Kentucky, common-law marriage is not recognised. This means that couples who live together, regardless of how long they have cohabited, are not considered married under Kentucky law. A legal marriage in Kentucky requires a valid marriage license and a ceremony.
While same-sex marriage has been legal in Kentucky since the U.S. Supreme Court's ruling in Obergefell v. Hodges on June 26, 2015, the state does not recognise same-sex common-law marriage. Kentucky's statute and constitution previously prohibited same-sex marriage, and while this has been overturned, the state's laws do not explicitly address common-law marriage for same-sex couples.
Kentucky's history with same-sex marriage has been tumultuous. Before the Obergefell ruling, Kentucky's statutory and constitutional bans on same-sex marriage were struck down, and the state was required to recognise same-sex marriages from other jurisdictions. However, there was resistance from county clerks, who refused to issue marriage licenses to same-sex couples. This led to legal battles, with a federal court judge ruling that Kentucky had to pay legal fees and court costs to the lawyers representing couples denied marriage licenses.
Despite the legalisation of same-sex marriage, Kentucky's laws do not provide for domestic partnerships or civil unions that would confer the same benefits to same-sex spouses as married couples. Same-sex couples in Kentucky who wish to have the benefits of marriage without a formal ceremony may seek legal assistance to create a legal relationship that provides similar advantages.
Additionally, Kentucky courts have clarified that intimate unmarried relationships, even long-standing ones, do not confer the same property rights as married couples. This further complicates the situation for same-sex couples who wish to establish a common-law marriage, as they may encounter challenges in securing equal rights, especially regarding property and finances.
In summary, while same-sex marriage is currently legal in Kentucky due to federal protection, the state does not recognise same-sex common-law marriage. Same-sex couples in Kentucky who wish to have their relationship legally recognised must obtain a marriage license and undergo a legal marriage ceremony.
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Frequently asked questions
No, Kentucky does not recognize common-law marriage.
Kentucky stopped recognizing common-law marriage in 1852.
Couples need to obtain a marriage license and have a legal ceremony to be considered legally married in Kentucky.
Kentucky recognizes a common-law marriage that is valid in another state. To prove this, 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.
Couples in Kentucky who claim a common-law marriage do not receive the same legal rights and protections as legally married couples. They may need to seek court action to receive child custody and child support orders, and they do not have the same property rights as legally married couples.
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