Anaya Nolan
Alabama no longer recognizes new common-law marriages as of January 1, 2017, when a bill abolishing them was passed. Common-law marriages entered into before this date remain valid. Common-law marriages are legally recognized unions without an official license, and Alabama is one of many states that no longer allow them. However, most states will recognize a marriage that was valid in the state where it was contracted, which means courts in all states may still need to address common-law marriage issues.
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What You'll Learn
- Common-law marriages in Alabama ended on January 1, 2017
- Common-law marriages are legally recognised without an official license
- Common-law marriages are as legally valid as traditional marriages
- Alabama judges decide on the intention to be married
- Common-law marriages are recognised differently across states
Common-law marriages in Alabama ended on January 1, 2017
The Alabama Legislature passed a bill to abolish common-law marriages in the state, which took effect on January 1, 2017. Common-law marriages are unions that are legally recognized without the need for an official license. One of the main issues with common-law marriages, according to lawmakers, arises when a union ends, and one party claims they were in a common-law marriage while the other disagrees. This can lead to disputes over the existence of the marriage and questions regarding alimony and palimony.
Before the change in the law, Alabama was one of only a few states that recognized common-law marriages. Now, only nine states and Washington, D.C., continue to recognize new common-law marriages. These states are Colorado, Montana, Iowa, Kansas, Rhode Island, South Carolina, Texas, Utah, and Washington, D.C.
It's important to note that even though Alabama no longer recognizes new common-law marriages, couples who believe they have a valid common-law marriage established before January 1, 2017, may still need to take legal action to dissolve their union. A common-law marriage, once established, is legally binding and equivalent to a traditional marriage. To end the union, a divorce is required.
While Alabama no longer recognizes new common-law marriages, the concept of common-law marriages continues to be a relevant issue in the state. Courts in Alabama may still need to address questions of inheritance, insurance benefits, and Social Security Survivor's Benefits for individuals claiming to be in a common-law marriage established before the law changed.
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Common-law marriages are legally recognised without an official license
Common-law marriages are legally recognised without an official marriage license. In the US, Alabama recognised common-law marriages before 1 January 2017. After this date, the state no longer recognised any new common-law marriages. However, unions formed before this date are still considered valid.
Common-law marriages are formed when two people agree to be married and present themselves as a married couple to their community. There is no requirement for a ceremony or official registration. This type of marriage is recognised in only a few states in the US, including Alabama (for marriages formed before 2017), Colorado, Montana, Iowa, Kansas, Rhode Island, South Carolina, Texas, Utah, and Washington D.C.
The recognition of common-law marriages can become complicated when couples move between states with different laws. Some states, such as Illinois, Minnesota, and Arkansas, refuse to recognise foreign common-law marriages of their residents. Other states, like New Mexico and Connecticut, will recognise these marriages if the couple had sufficient contacts with the common-law state and met its requirements.
The decline in the recognition of common-law marriages is due in part to the difficulties that can arise when a union ends. For example, one party may claim they were in a common-law marriage, while the other disputes this. Judges must then consider various factors, such as joint bank accounts or home ownership, to determine if a common-law marriage existed.
Despite the changes in Alabama's law, common-law marriages formed before 1 January 2017 are still valid and legally binding. These marriages can only be ended by divorce or the death of one of the spouses.
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Common-law marriages are as legally valid as traditional marriages
The requirements for a common-law marriage to be considered valid vary from state to state. In Alabama, both parties must have the mental capacity to enter into the union, they must show that they intend to be married, and they must present themselves as married to family, friends, and the wider community. It is a common misconception that a couple must live together for a certain number of years to be considered common-law spouses.
The decline in the recognition of common-law marriages is due in part to the difficulties that can arise when a couple separates. If one party denies that they were in a common-law marriage, judges must consider various factors to determine whether a legal marriage existed. These factors include whether the couple had a joint bank account, whether they purchased property together, whether they wore wedding rings, and whether they kept their finances separate.
Despite the decline in recognition of common-law marriages, most states will still recognise a marriage that was valid in the state where the couple resided at the time of the marriage. This has resulted in courts in all states having to confront issues surrounding common-law marriages, particularly when dealing with interstate recognition. Some states, such as Illinois, Minnesota, and Arkansas, refuse to recognise foreign common-law marriages of their own residents based on public policy grounds or specific marriage statutes. Other states, like New Mexico, Connecticut, and New York, recognise foreign common-law marriages if the couple had sufficient contacts with the common-law state and met its requirements for marriage.
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Alabama judges decide on the intention to be married
Alabama judges deciding on the intention to be married consider several factors. These factors include whether the couple had joint bank accounts, purchased property together, wore rings, kept their finances separate, and whether their partner's relatives addressed them as "in-laws".
For example, when an Alabama judge rules on alimony as part of the divorce process, they consider many factors, including the length of the marriage. However, judges rarely award long-term alimony without certain circumstances, and state laws support this. Alabama law generally limits long-term alimony to marriages lasting at least 20 years. Judges can also award temporary support during the divorce proceedings or temporary support after the divorce is finalised.
In Alabama, the current law requires both parties in a common-law marriage to have the mental capacity to enter into the union, show they intend to be married to each other, and present themselves as married to family, friends, and the community. Both parties must be adults (reached their 19th birthday) and cannot already be married to someone else.
Additionally, Alabama has no residency requirements for marriage, meaning neither party must reside in Alabama to be married there. Each person can live in another state or country. The only requirement for a marriage in Alabama is for the parties to be otherwise legally authorised to marry.
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Common-law marriages are recognised differently across states
The recognition of common-law marriages varies across the US. While Alabama no longer permits them, some states continue to recognise new common-law marriages, including Colorado, Montana, Iowa, Kansas, Rhode Island, South Carolina, Texas, Utah and Washington, D.C.
The recognition of these marriages can become complicated when couples move between states with different laws. Generally, most states will recognise a marriage that was valid in the state where the couple resided at the time. However, this is not always the case, and some states have specific policies regarding the recognition of foreign common-law marriages. For example, Illinois, Minnesota, and Arkansas refuse to recognise foreign common-law marriages of their residents based on public policy grounds or explicit marriage statutes.
The approach to recognising common-law marriages contracted in other states can vary. Some states, like Illinois, may refuse recognition in any case, while others, like New Mexico, may recognise the marriage if the couple had sufficient contacts with the common-law state and met its requirements. Connecticut may recognise the marriage if the couple met the common-law state's requirements while present in that state, and New York may recognise it with reference to the couple's conduct in both states.
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Frequently asked questions
No, Alabama does not recognize new common-law marriages since January 1, 2017. However, common-law marriages that existed before this date are still valid and are treated as regular marriages.
Prior to 2017, a common-law marriage required both parties to be legally able to marry, to have the mental capacity to enter into the union, to show that they intended to be married, and to present themselves as married to family, friends, and the community.
Proving a common-law marriage can be challenging and may require various forms of evidence, such as testimony from witnesses, documentation, or other factors such as whether the couple wore rings, maintained joint finances, or used spousal titles.
