Cameron Miranda
Common-law marriages are formed through a couple's mutual agreement and public behaviour, without an official license or ceremony. While they are not recognised in all states, common-law marriages are considered legal marriages for state and federal purposes in the eight states and Washington, D.C., that permit them. Common-law spouses may be eligible for Social Security benefits, including spousal, survivor, and death benefits, as well as employer-provided health and welfare plans. To claim benefits, individuals must provide evidence to prove their common-law marriage, such as statements from each spouse affirming the marriage and statements from blood relatives. This evidence is especially important in cases of dispute, such as when filing taxes or claiming inheritance.
| Characteristics | Values |
|---|---|
| Number of states that recognize common-law marriage | 8 states and Washington, DC |
| Requirements | Mutual agreement and public behavior, without an official license and solemnization |
| Proof of marriage | Statements from each spouse affirming the marriage, statements from blood relatives of each spouse, testimonies from friends and family, shared financial records, other relevant documents |
| Benefits | Social Security survivors or spouses' benefits, health and welfare plans, retirement plans, health and dental coverage, pension benefits, life insurance |
| Disadvantages | Difficult to prove, not universally recognized, subjective criteria, potential confusion when moving between states |
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What You'll Learn
Proving your common-law marriage
Common-law marriage is an informal marriage without a marriage license or certificate. It is fully recognized in seven states and Washington, D.C. To prove a common-law marriage, you must show that you meet the legal requirements for a valid common-law marriage. This includes:
- Establishing your marriage relationship while living in a state that recognized common-law marriages for all purposes.
- Both partners must have been at least 18 years old, or with a parent's consent if younger, and had the mental capacity to understand the commitment and consequences of marriage.
- Both of you intended for your relationship to be a marriage.
- You lived together and held yourself out in public as a married couple.
Documents that can be used as evidence of a common-law marriage include:
- Affidavits or personal statements from both spouses affirming the marriage, as well as statements from blood relatives of each spouse.
- An agreement or other official documents signed by both partners declaring their intention to marry.
- Documents showing that you or your children assumed your partner's last name.
- Proof of cohabitation, such as a lease or joint purchases.
- Filing joint tax returns or including your partner on your health insurance.
- Making your partner the beneficiary of a life insurance policy or making joint loan applications.
- Public announcements of your marriage, such as wedding invitations or social media posts.
It's important to note that the specific requirements and evidence needed to prove a common-law marriage may vary depending on the state you live in, so it's always best to consult an attorney or legal professional in your area.
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Benefits for same-sex common-law marriages
In the United States, same-sex common-law marriages are recognised by the Supreme Court, which held in Obergefell v. Hodges (2015) that same-sex couples have a constitutional right to "civil marriage on the same terms and conditions as opposite-sex couples". This means that same-sex couples are entitled to have their valid common-law marriages recognised.
To be eligible for benefits based on your common-law spouse's earnings, you must provide evidence to prove that you were in a valid common-law marriage. This includes statements from each spouse affirming the marriage, as well as statements from a blood relative of each spouse. If your spouse has died, you will need to provide your own statement affirming the marriage, along with statements from two blood relatives of your deceased spouse.
Same-sex couples who were prevented from entering into a ceremonial marriage due to laws that have since been declared unconstitutional may find proving their common-law marriage status particularly important. Even if a spouse died before same-sex marriage became legal in their jurisdiction, an individual may still be able to establish a same-sex common-law marriage.
In terms of employer benefits, there may be some complications. Employers should request validation or certification showing that employees are married for all purposes, including tax filings, social security benefits, and retirement benefits. Properly established common-law marriages are lawful marriages under state and federal law, and employers need to be clear on the rights and responsibilities of common-law spouses to properly administer employee benefit plans.
Same-sex common-law spouses are eligible for the same benefits as heterosexual common-law spouses, including Social Security benefits, health care, and unpaid leave to care for family members. Additionally, married couples can take advantage of favourable inheritance laws, with intestate laws favouring the surviving spouse.
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Adding a common-law spouse to your health plan
Understanding Common-Law Spouse Recognition:
First, it's important to understand if your location recognizes common-law marriages. For example, while New York has abolished common-law marriages, it will recognize such marriages contracted in other states where they are valid. Knowing the legal status of your common-law marriage is essential for understanding your rights and options for health insurance coverage.
Choosing the Right Plan:
If your common-law marriage is legally recognized, you have a few options for including your spouse in your health plan. You can either add them to your existing plan or choose a new plan together. If you have employer-sponsored insurance, you can typically add your spouse during the Open Enrollment period, which is usually set by your employer. If you have an Affordable Care Act (ACA) plan, Open Enrollment typically occurs between November 1 and January 15.
Special Enrollment Periods:
Keep in mind that life events like marriage or a change in your spouse's insurance coverage may qualify you for a Special Enrollment Period (SEP). During an SEP, you can make changes to your plan outside of the Open Enrollment Period. However, SEPs usually last for a limited time, so it's important to act quickly.
Coordination of Benefits:
If your common-law spouse has their own workplace benefits, they would typically make a claim through their coverage first. If their coverage doesn't fully pay for a medical expense, they can then claim the difference through your benefits plan, which may cover the remaining cost in full or in part. This coordination of benefits can increase overall coverage and reduce out-of-pocket expenses for the couple.
Contact Your Insurance Provider:
Before making any decisions, it's always best to contact your insurance provider to understand the specific options and requirements for adding your common-law spouse to your health plan. They can guide you through the process and ensure you have the necessary documentation to support your request.
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Common-law marriage and divorce
In the United States, common-law marriages are recognised in eight states and Washington, D.C. Common-law marriages are formed through the couple's mutual agreement and public behaviour, without an official license or ceremony. While there is no defined duration for a relationship to be considered a common-law marriage, cohabitation and living together as a family unit for an extended period are generally required.
If you are in a common-law marriage, you may want to add your spouse to your benefit coverage. This can provide increased coverage and potentially reduce out-of-pocket costs. For example, your spouse may have a medical expense that isn't fully covered by their own workplace benefits, but if they are added to your benefits, they may be able to claim the remaining amount through your plan.
To add a common-law spouse to a health and welfare plan, employers may request validation or certification, such as tax filings, social security benefits, and retirement benefits. If you are divorced, the employer may request a copy of the divorce decree.
It is important to note that there is no such thing as a "common-law divorce". If you have established a common-law marriage, you must go through a standard divorce process in your state's courts to legally terminate the marriage.
To be eligible for benefits based on your common-law spouse's earnings, you may need to provide evidence to prove the marriage. This can include statements from each spouse affirming the marriage, statements from blood relatives of each spouse, or other relevant documents that show your commitment to each other.
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Common-law marriage and taxes
Common-law marriage is a significant legal commitment that should be carefully considered. It is important to understand its implications, both benefits and potential drawbacks, to help you and your partner make an informed decision about whether it aligns with your long-term goals.
In the United States, common-law marriage has been practiced since the 1870s. It is a legal marriage for all state and federal purposes, and it is recognized in eight states and Washington, D.C. The "full faith and credit" clause of the US Constitution requires all states to accept the validity of common-law marriages established in another state.
To validate a common-law marriage, couples must meet certain requirements, which may vary slightly depending on the state. Common requirements include living together for a period set by the state, often 12 months, and having the legal capacity to marry, including being 18 years or older and being unmarried. The couple must also intend to get married in the future and hold themselves out as married to the public, such as by using joint bank accounts.
When it comes to taxation, common-law marriages are recognized for federal income tax purposes if they are recognized by the state in which the taxpayers reside. Common-law partners must file their own tax returns with the Internal Revenue Service (IRS), disclosing their relationship status, personal information, their common-law partner's name, net income, and social insurance number. The IRS will then calculate the benefit amounts and tax credits the couple is eligible for, based on their combined household income. Common-law partners can often save money by filing a joint return, and they are eligible for the same legal benefits as married couples, including tax benefits and Social Security benefits.
It is important to note that common-law marriages can also impact employer benefits. Employers may request validation or certification of a common-law marriage before adding a spouse to a health and welfare plan, including for tax filings, social security benefits, and retirement benefits. Additionally, common-law spouses can claim unlimited marital exemptions for estate planning purposes, up to the federal estate tax limit, and they can inherit property from each other with a valid will in place.
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Frequently asked questions
A common-law marriage is a legal marriage that doesn't require a ceremony or a marriage license. Instead, it is formed through the couple's actions and mutual agreement to be married. Common-law marriages are recognized in eight states and Washington, DC, in the US.
Since there is no official record of a common-law marriage, it can be difficult to prove. In the case of a dispute, you may need to provide substantial evidence such as testimonies from friends and family, shared financial records, and other relevant documents that show your commitment to each other.
Common-law spouses are recognized as married under federal tax rules and may be eligible for Social Security benefits (spousal, survivor, and death benefits) based on their spouse's earnings.
In Canada, you can apply to extend your public service pension benefits and group insurance coverage to include your common-law partner. You can also add your spouse to your extended health and dental coverage.
If you established a common-law marriage in a state that permits them and then move to a state that doesn't recognize them, your new state of residence must still recognize your marriage. This means you can still receive Social Security survivors or spouses' benefits.
