Cecily Zamora
Common law marriage is a concept that treats a couple as married if they have lived together for a certain amount of time and conducted themselves as a married couple would. While common law marriage is not recognized in Massachusetts, the state does honor common law marriages originating in other states. Couples in Massachusetts who are interested in common law marriage have two options: getting married or applying for domestic partnership.
| Characteristics | Values |
|---|---|
| Common law marriage recognized | No |
| Common law marriage from other states recognized | Yes |
| Common law marriage termination | Divorce |
| Common law marriage rights | Limited |
| Domestic partnership | Recognized |
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What You'll Learn
Common law marriage in Massachusetts is not recognized
Common Law Marriage in Massachusetts
Common law marriage is not recognized in Massachusetts. The state does not recognize the formation of common-law marriages within its borders, and couples cannot acquire marital rights and responsibilities by living together for a particular period. In other words, no matter how long a couple has cohabited, they will not be considered spouses without a marriage certificate.
However, Massachusetts does recognize common law marriages created in other states if the legal requirements of those states have been met. For example, if a couple lived in a state that recognizes common-law marriage prior to moving to Massachusetts, they will be deemed spouses under the Full Faith and Credit Clause of the U.S. Constitution.
The criteria for a common-law marriage are that the couple:
- Seriously intended to enter into a husband-wife relationship; and
- Conducted themselves in a way that led to a belief in the community that they were married.
It is important to note that Massachusetts courts often consider premarital behavior in divorce cases. The impact of premarital cohabitation can affect the division of marital assets, with judges required to consider the length of the marriage when dividing assets.
Couples interested in common-law marriage have two options in Massachusetts: getting married through the state's formal process or applying for a domestic partnership, which can provide benefits such as shared healthcare coverage and hospital visitation rights.
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Common law marriage in other states is recognized in Massachusetts
In Massachusetts, common-law marriage is not recognized. This means that a couple cannot acquire marital rights and responsibilities by living together for a particular period, regardless of whether they are a heterosexual or same-sex couple. However, Massachusetts does recognize common-law marriages that were established in other states, provided that the legal requirements of those states have been met. This is based on the Full Faith and Credit Clause of the U.S. Constitution, which requires Massachusetts to honor the marriage laws of other states.
The criteria for a common-law marriage are that the couple intended to enter into a husband-wife relationship, and their conduct led the community to believe they were married. While Massachusetts does not recognize the formation of common-law marriages within its borders, it does honor those formed in other states. For example, if a couple lived in a state that recognized common-law marriage and then moved to Massachusetts, their common-law marriage would be recognized in Massachusetts. This is because the Full Faith and Credit Clause applies to marriage, requiring Massachusetts to recognize marriages that were legally performed in other states, even if they would violate Massachusetts law.
It is important to note that the recognition of out-of-state common-law marriages in Massachusetts may vary depending on the specific circumstances. For instance, in divorce and inheritance cases, the Commonwealth may recognize these marriages differently. Additionally, same-sex couples who were legally married in another state but moved to Massachusetts would have their marriage recognized due to the legal arguments used during the battle for same-sex marriage rights.
Massachusetts offers domestic partnerships for unmarried couples, including same-sex couples. These partnerships can provide benefits such as shared healthcare coverage, hospital visitation rights, and other legal advantages associated with marriage. However, domestic partnerships may not be recognized in all parts of the country, and married couples generally enjoy more tax and social security benefits.
In summary, while Massachusetts does not allow the creation of common-law marriages within the state, it does recognize common-law marriages that were established in other states. This recognition is based on the Full Faith and Credit Clause, which requires states to honor the marriage laws of their sister states.
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Common law marriage criteria
While common law marriage is not recognised in Massachusetts, the state does honour common law marriages originating in other states.
In the US, common law marriage is a form of irregular marriage that is currently recognised in seven states and the District of Columbia, with a further two states recognising it after the fact for limited purposes. These states include Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia.
Each of these states has different criteria that qualify a relationship as a common law marriage, but some general criteria include:
- Both partners must have the legal right or "capacity" to marry. This usually means that they must be at least 18 years old, of sound mind, and not already married to other people.
- Both partners must intend to be married.
- The couple must behave as a married couple in public, holding themselves out to friends, family, and the community as "married". This can include referring to each other in public as "partner", "spouse", or "husband"/"wife", taking the same last name, filing joint tax returns, etc.
- The couple must live together for a period of time (cohabitation). There is no statutory requirement for the length of time a couple needs to live together, but the longer they live together, the stronger their case is for common-law marriage.
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Divorce and inheritance cases for common law marriages
Although common-law marriage is not recognized in Massachusetts, the state does acknowledge common-law marriages from other states in certain legal contexts, including divorce and inheritance cases. This recognition is based on the Full Faith and Credit Clause, which requires Massachusetts to honor the marriage laws of other states.
In divorce cases, Massachusetts courts consider the length of the marriage and premarital relationship when determining alimony and asset division. Unmarried partners who cohabitate for a long time before a brief marriage may gain some legal rights associated with a long-term marriage. For example, if a spouse files for divorce after only two years of marriage, the outcome is likely to be quite different if the couple lived together for ten years before getting married compared to a 2-year marriage involving parties who never cohabitated before.
In inheritance cases, if one spouse dies without a will, their marital status will impact inheritance rights under the laws of intestacy in Massachusetts. Generally, any asset acquired during the marriage is considered marital property, while assets acquired before the marriage are considered separate property. Inherited property, irrespective of whether it was acquired before or during a marriage, is typically classified as separate property. However, if inherited funds are deposited into a joint bank account and used for marital expenses, the separate property may become so commingled that it can no longer be traced, and it may lose its status as separate property.
It is important to note that proving to a Massachusetts judge that a common law marriage existed in another state can be challenging. While Massachusetts does not allow marriages to be formed by common law, common law marriages from other states are entitled to the same rights and benefits as any other marriage in Massachusetts.
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Domestic partnerships as an alternative
While common-law marriage is not recognized in Massachusetts, the state does honor common-law marriages originating in other states. Couples in Massachusetts who wish to enjoy the benefits of marriage without legally marrying can consider domestic partnerships as an alternative.
Domestic partnerships in Massachusetts are similar to marriages in that they provide certain legal benefits, such as entitlement to sick leave to care for a partner, bereavement leave, and the right to seek shared benefits, including healthcare, from an employer. Additionally, domestic partners have the right to visit their partner in the hospital or a correctional facility.
To register for a domestic partnership in Massachusetts, couples must meet certain requirements, including being over the age of 18 and living together. It's important to note that domestic partnerships are not recognized by the federal government for tax purposes, and partners must file their taxes separately as single individuals.
The process of terminating a domestic partnership in Massachusetts involves filling out a domestic partner termination form. If assets and children are involved, it is recommended to seek assistance from a family law firm to navigate the legal process.
In conclusion, while common-law marriage is not an option in Massachusetts, domestic partnerships offer a legal alternative for couples seeking many of the benefits of marriage without the need to legally marry.
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Frequently asked questions
No, common-law marriage is not recognized in Massachusetts. However, Massachusetts does honor common law marriages originating in other states.
Common law marriage is where two people are considered to be lawfully married by agreeing to live together and conducting themselves as a married couple would, without the formalities of a marriage ceremony.
The requirements for a common-law marriage vary across the states that recognize it. Generally, couples must hold themselves out to be a married couple, such as by using the same last name, filing joint tax returns, and referring to each other as husband and wife in public. Another requirement is that the couple intends to be married.
While Massachusetts does not recognize common law marriages formed within the state, it does recognize those formed in other states. This means that if a couple with a common law marriage from another state moves to Massachusetts, they will be deemed spouses under the Full Faith and Credit Clause of the U.S. Constitution.
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