Keith Mack
Despite the common belief that common-law marriage exists in Maine, it does not. The Maine Supreme Judicial Court has stated that common law marriages are not recognized as valid under the laws of the state. Unmarried partners are considered unrelated individuals under Maine law, and any disputes over debts, real estate, personal property, or anything pertaining to the relationship ending will not be handled in the same manner as married persons going through a divorce. However, domestic partnerships were established in Maine in 2004, allowing for limited recognition of same-sex relationships, although they do not carry all the legal protections of marriage.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage | Common-law marriage is not recognized in Maine |
| Unmarried partners | Considered unrelated individuals |
| Division of property | No legal requirement to divide property equally |
| Child issues | Official co-parenting order can be obtained by filing a Parental Rights and Responsibilities (PR&R) Case |
| Domestic partnership | Recognized in Maine since 2004, providing limited recognition of same-sex relationships |
| Rights of domestic partners | Inheritance, protection from abuse, decision-making regarding deceased partner's remains, etc. |
| Termination of domestic partnership | Marriage of one partner, mutual consent, or notice of intent to terminate |
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What You'll Learn
Maine does not recognize common-law marriage
Despite the long-held belief that common-law marriage exists in Maine, it does not. The Maine Supreme Judicial Court has stated that "common-law marriages are not recognized as valid under the laws of the state". Maine does not consider unmarried partners to be related, and their disputes over debts, real estate, or personal property are not handled in the same way as married couples going through a divorce.
Unmarried couples in Maine do not have the same rights as married couples. For example, Maine's "equitable distribution" laws, which regulate how property is divided after a relationship ends, only apply to married couples. Unmarried couples without a cohabitation agreement specifying what will happen if they separate have no legal requirement to divide property equally. There is also no requirement for one partner to provide financial support to the other, as there typically would be in a divorce.
However, domestic partnerships were established in Maine in 2004, and the state now offers limited recognition of same-sex relationships, although not all the legal protections of marriage. Registered domestic partners are given a legal status similar to that of married persons in matters of probate, guardianships, inheritance, and protection from abuse. To qualify for a domestic partnership, partners must be mentally competent adults who have been legally domiciled together in Maine for at least 12 months. They must not be married or in another domestic partnership and must be each other's sole domestic partner.
While Maine does not recognize common-law marriage, cohabitating couples can establish a set of rights by preparing the right documentation, such as a cohabitation agreement. This is a written contract that covers the rights and obligations of each partner, including property ownership, financial responsibilities, and child custody arrangements.
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Unmarried partners are considered unrelated
Maine's "equitable distribution" laws that regulate the division of property from a relationship only apply to married couples. Unmarried couples without a cohabitation agreement that specifies what will happen if the relationship ends have no legal requirement to divide property equally. There is also no legal requirement to provide support to the lower-earning spouse, as generally applies in divorce cases for married couples.
Unmarried couples in Maine can, however, establish a set of rights if they take steps to prepare the right documentation. A cohabitation agreement is a written contract between two people who are living together or planning to live together and who may have limited legal protection. This agreement covers the rights and obligations of each partner, including property ownership, financial responsibilities, and child custody arrangements.
Domestic partnerships were established in Maine in 2004, allowing for limited recognition of same-sex relationships, though not all the legal protections of marriage. Registered domestic partners are accorded a legal status similar to that of a married person with respect to matters of probate, guardianships, inheritance, protection from abuse, and related matters. To qualify for a domestic partnership, the partners must both be mentally competent adults who have been legally domiciled together in Maine for the preceding 12 months.
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Cohabitation agreements can protect rights
Maine does not recognize common-law marriages. Unmarried partners are considered unrelated individuals under Maine law. However, unmarried same-sex and heterosexual couples in Maine may enter into a domestic partnership.
Cohabitation agreements can protect the rights of unmarried or cohabiting partners. These agreements are contracts that establish rules for property division, financial responsibilities, and other matters. They resemble prenuptial agreements and can be used to establish expectations and protect both parties in case the relationship ends or other unforeseen circumstances arise.
Cohabitation agreements can cover a variety of issues, including:
- Property ownership and division of assets: In a marriage, property acquired before the wedding remains separate property, while for unmarried couples, everything purchased is separate property unless bought with joint funds. A cohabitation agreement can determine who must reimburse whom for shared purchases like furniture or remodeling.
- Financial responsibilities: This includes the sharing of income and expenses, such as food, housing, and utilities, as well as the management of financial accounts, insurance, and other policies.
- Child custody and support: Cohabitation agreements can provide child support and determine child custody arrangements in the event of a separation.
- Estate planning: Unmarried partners have no rights to each other's property, so a will that names your partner as your beneficiary is necessary. A power of attorney and a health care directive (living will) are also essential documents to accompany a cohabitation agreement.
It is advisable for cohabiting couples to consult with a legal professional when drafting a cohabitation agreement to ensure that their rights are protected and the document is enforceable under their state's laws.
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Domestic partnerships are recognized
While Maine does not recognize common-law marriage, it does recognize domestic partnerships. Domestic partnerships were established in the state of Maine by statute in April 2004 and took effect on July 30, 2004. This placed Maine in the category of U.S. states that offer limited recognition of same-sex relationships, but not all of the legal protections of marriage.
Registered domestic partners in Maine are accorded a legal status similar to that of a married person with respect to matters of probate, guardianships, conservatorships, inheritance, protection from abuse, and related matters. For example, registered domestic partners can inherit a deceased partner's property if they die without a will, make funeral and burial arrangements, be named a guardian or conservator if their partner becomes incapacitated, and make organ and tissue donations. Same-sex partners are also explicitly protected by the state's domestic violence laws.
To qualify for a domestic partnership in Maine, the partners must both be mentally competent adults who are not married or in a registered domestic partnership with another person and have been legally domiciled together in the state for the preceding 12 months. They must be the sole domestic partner of the other and expect to remain so. Unmarried same-sex and heterosexual couples may enter into a domestic partnership or get married in Maine.
It is important to note that a registered domestic partnership is not the same as a marriage and does not provide the same rights and protections. Couples in a domestic partnership may find it more difficult to divide assets and finances if they separate, as Maine's equitable distribution laws that regulate the division of property only apply to married couples. Therefore, domestic partners should consider seeking legal advice to prepare the appropriate documentation, such as a cohabitation agreement, to protect their rights.
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Maine's equitable distribution laws only apply to married couples
Maine does not recognize common-law marriages. Unmarried partners are considered unrelated individuals under Maine law. However, unmarried same-sex and heterosexual couples in Maine can enter into a domestic partnership. To qualify for a domestic partnership, the partners must be mentally competent adults who have been legally domiciled together in Maine for the preceding 12 months.
Maine is an equitable distribution state, meaning that property division aims to divide assets and debts from the marital estate as fairly as possible. Marital property in Maine must be divided as fairly and equitably as possible. If couples cannot agree on how to split their marital property and allocate their debts, a judge will decide for them. Judges have broad discretion when dividing marital property and will consider various factors, including each spouse's contributions to the value of the marital property, the amount of separate property possessed by each spouse, and the economic circumstances of each spouse.
While marital property must be distributed equitably, any property considered "separate" is not subject to division. Separate property may include assets acquired in exchange for property owned before marriage, received as a gift or inheritance, after a legal separation, or excluded by a prenuptial agreement. However, the increase in value of separate property may be subject to equitable division if the other spouse contributed monetarily or through labor.
Maine also has specific rules for deciding who keeps pets in a divorce. Animals are treated as property under the law, but judges must consider the emotional attachment of the couple and any children to the pet before awarding ownership.
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Frequently asked questions
No, common-law marriage is not recognized in Maine. Unmarried partners are considered unrelated individuals under Maine law.
Domestic partnerships were established in Maine in 2004. Domestic partners are accorded a legal status similar to that of a married person with respect to matters of probate, guardianships, inheritance, protection from abuse, and related matters. To qualify, partners must be mentally competent adults who have been legally domiciled together in Maine for the preceding 12 months.
Maine's "equitable distribution" laws that regulate the methods of dividing property from a relationship only apply to married couples. Unmarried couples without a cohabitation agreement that specifies what will happen if the relationship ends have no legal requirement to divide property equally.
