Anaya Nolan
Common-law marriage is a hotly debated topic in Pennsylvania, especially for long-term and same-sex couples. While the state no longer allows couples to enter into a common-law marriage, those that occurred on or before January 1, 2005, are still recognized. This date is significant as it represents the point at which the Pennsylvania legislature passed a law to invalidate any future common-law marriages, bringing predictability to the legal status of marriage in the state. This change particularly impacts the rights of spouses, including Social Security spousal benefits, death benefits, and the division of assets and debts.
| Characteristics | Values |
|---|---|
| Common law marriage recognised? | Yes, but only if established before 1 January 2005 |
| Requirements | Exchange of words in the present tense with the specific purpose of establishing a legal relationship of husband and wife |
| Evidence | Clear and convincing evidence, e.g. joint tax returns, joint loans, or other financial documents |
| Witnesses | Yes, witnesses can testify that the couple held themselves out as married to family, friends, and the community |
| Social Security benefits | Yes, recognised by the Social Security Administration (SSA) |
| Same-sex common law marriage | Yes, recognised by the SSA, but the benefits and eligibility criteria can vary |
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What You'll Learn
Common-law marriage in PA ended in 2005
Common-law marriage in Pennsylvania ended on January 1, 2005. After this date, any common-law marriages entered into in Pennsylvania are not recognized by the state. However, if a couple entered into a common-law marriage on or before January 1, 2005, their marriage is still valid and recognized by Pennsylvania law.
Common-law marriage was a regular feature of life in Pennsylvania during the frontier days when ministers, pastors, and judges were scarce and hard to reach. Such marriages did not require a marriage license or a formal ceremony. However, over time, courts became distrustful of common-law marriage claims, especially when one spouse had died. This led to uncertainty regarding the legal status of common-law marriages, particularly for long-term cohabitants and same-sex couples.
To bring predictability to the legal status of marriage in the state, Pennsylvania's legislature passed a law invalidating any common-law marriage formed after January 1, 2005. This law set a clear cutoff date, ensuring that marriages formed before this date would still be recognized while providing a definitive end to the creation of new common-law marriages in the state.
While Pennsylvania no longer allows common-law marriages, it continues to recognize those that were established before the specified date. Couples in a valid common-law marriage have the same rights as those in a ceremonial marriage. This includes rights to Social Security benefits, employment benefits, and each other's assets and debts. Additionally, in the event of a permanent separation, either spouse may be entitled to property division, spousal support, or alimony.
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PA still recognises common-law marriages before 2005
Pennsylvania is one of five states that no longer allow couples to enter into a common-law marriage but still recognise common-law marriages formed before a specified date. In the case of Pennsylvania, this date is 1 January 2005.
If you were in a common-law marriage in Pennsylvania on or before 1 January 2005, or are now in a common-law marriage that began in another state that recognises common-law marriages, you may still be entitled to all of the rights of a spouse. These rights include Social Security spousal benefits and death benefits under Workers Compensation laws. If your common-law marriage ends in separation, you may be entitled to a property division, spousal support, or alimony, and you will need to obtain a legal divorce.
To claim a common-law marriage in Pennsylvania, you will need to provide the court with records that establish proof of the marriage, such as joint tax returns, joint loans, or other financial documents. It is also important to demonstrate the intent to marry, which goes beyond documentation. You may be asked to provide witnesses who can testify that you and your partner held yourselves out as a married couple to family, friends, and the community.
If one or both members of a couple are deceased, it may still be possible to establish that the couple was common-law married. In those situations, Pennsylvania law recognises that there may not be evidence that an exchange of words took place. The court may presume the existence of a common-law marriage if there is sufficiently strong evidence that a couple lived together as husband and wife on a consistent basis and had a general and broad reputation for being married.
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PA recognises out-of-state common-law marriages
Pennsylvania has abolished common-law marriages contracted within the state after January 1, 2005. However, the state still recognizes out-of-state common-law marriages that were established in other states that recognize such unions. This recognition extends to same-sex common-law marriages from other states, even though the eligibility criteria and specific benefits for these marriages remain legally unsettled.
If you have established a common-law marriage in a state that recognizes it, and then moved to Pennsylvania, you can ask a Pennsylvania court to determine if your marriage is valid under your home state's laws. The court's recognition of your marriage entitles you to the same rights and responsibilities as any other married couple in the state. These rights include spousal benefits, such as Social Security and pension benefits, as well as the right to inherit from your spouse's estate and obtain death benefits.
To prove the existence of a common-law marriage, you will likely need to provide the court with records that establish proof of the marriage, such as joint tax returns, loans, or other financial documents. It is important to demonstrate the intent to marry, which goes beyond mere documentation. Witnesses may be asked to testify that you and your partner held yourselves out as a married couple to family, friends, and the community. In cases where one spouse is deceased, the court may also consider evidence such as jointly signed leases or mortgages, proof of beneficiary designations, and joint credit applications.
While Pennsylvania recognizes out-of-state common-law marriages, the state's judges are often reluctant to decide on the validity of these marriages, as it involves interpreting another state's laws. Given the challenges in proving a common-law marriage, it is advisable to consult a family law attorney who can guide you through the process and help gather the necessary evidence to convince a judge.
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Common-law marriage rights in PA
Common-law marriage has the same effect as a ceremonial marriage in Pennsylvania. If you establish the existence of a valid common-law marriage, you and your spouse may have rights to each other's Social Security benefits, employment benefits, assets, and debts.
However, Pennsylvania is one of the five states that have enacted legislation to eliminate the right to enter into a common-law marriage. This means that a couple cannot enter into a common-law marriage in Pennsylvania after January 1, 2005. If you were common-law married on or before this date, your marriage is still valid and recognized by the state.
To claim a common-law marriage in Pennsylvania, you will likely need to provide the court with records that establish proof of the marriage, such as joint tax returns, joint loans, or other financial documents. It is also important to demonstrate the intent to marry, which goes beyond documentation. You may be asked to provide witnesses who can testify that you and your partner held yourselves out as a married couple to family, friends, and the community. Statements from blood relatives affirming the marriage may also be required.
If your common-law marriage ends in a permanent separation, either spouse may be entitled to a property division, spousal support, or alimony, depending on the circumstances, and a divorce decree must be obtained.
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Proving a common-law marriage in PA
In Pennsylvania, a couple may claim to be common-law married if their relationship was established before January 1, 2005. After this date, couples in Pennsylvania are not able to enter into a common-law marriage and must formally marry to be treated as legal spouses.
If you are claiming a common-law marriage in Pennsylvania, you will need to provide clear and convincing evidence that you and your partner exchanged words in the present tense with the specific purpose of establishing a marital relationship. There are no specific words that need to be spoken, but the purpose of the exchange must be clear. For example, a couple must state that they "are" married, rather than they "will be" married, which would constitute an engagement.
It is not easy to prove a common-law marriage, and you will likely need the help of a family law attorney. You may need to provide evidence such as documents showing that you lived together (e.g. jointly signed leases or mortgages), or testimony from friends and community members that you were considered married. If you are applying for Social Security benefits, you will need to provide statements affirming the marriage, including statements from blood relatives.
If your relationship does not qualify as a common-law marriage, you may still be protected by state contract or tort laws if you have disputes over property rights or other issues. You also have parental rights over your children regardless of your marital status, and you can go to court to request child support, custody, and visitation.
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Frequently asked questions
Common-law marriage is still recognized in Pennsylvania if the marriage was established on or before January 1, 2005.
To prove a common-law marriage in Pennsylvania, you must provide clear and convincing evidence of an exchange of words in the present tense, with the specific purpose of establishing a legal relationship as husband and wife. This must have taken place on or before January 1, 2005.
If your common-law spouse has passed away, you may need to provide your own statement, a statement from one of your blood relatives, and two statements from blood relatives of the deceased.
In a common-law marriage, you and your spouse may have rights to each other's Social Security benefits, employment benefits, assets, and debts. In the event of a separation, either spouse may be entitled to property division, spousal support, or alimony.
