Cameron Miranda
Alabama no longer recognizes common-law marriages that began after January 1, 2017. Common-law marriages that began before this date are still valid. A common-law marriage is a legal concept that applies to couples who are in a relationship that appears to be a marriage but has not been formally sanctioned by the state. Common-law spouses in Alabama enjoy the full benefit of the state's family court laws and rules, including the same rights and responsibilities relating to the division of property, alimony, child support, and custody as any other married couple.
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What You'll Learn
Common law marriage recognition
In Alabama, common-law marriage is a legal concept that applies to couples whose relationship has the appearance of a marriage but has not been formally sanctioned by the state. Common-law marriages that began before 1 January 2017 will continue to be recognised. However, Alabama will no longer recognise common-law marriages that began after this date.
To prove a common-law marriage in Alabama, a couple must meet specific requirements. Both spouses must have the legal right or "capacity to marry", and each person must intend to marry the other. A judge will consider many factors to decide on the intent to marry, including whether the couple held themselves out to the public as husband and wife, shared a joint bank account, lease, or deed to property, and whether they have children together.
Common-law spouses in Alabama enjoy the full benefit of the state's family court laws, with the same rights and responsibilities relating to the division of property, alimony, child support, and custody as any other married couple. If a spouse passes away without a will, the state's inheritance laws apply to the surviving spouse in a common-law marriage.
If a common-law marriage breaks down and cannot be saved, divorce is the only viable option to end the relationship.
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Benefits and obligations
Alabama no longer recognizes common-law marriages that began after January 1, 2017. However, common-law marriages that started before this date are still valid.
Common-law marriages in Alabama confer the same benefits and obligations as formal marriages. These include:
- The right to make medical decisions for a disabled spouse
- The ability to inherit a spouse's property
- The right to a formal divorce
- The ability to receive insurance benefits, Social Security Survivor's Benefits, and pension benefits
- The same rights and responsibilities regarding the division of property, alimony, child support, and custody as any other married couple
It is important to note that proving a common-law marriage can be challenging, and the evidentiary standard is hard to overcome. Factors that may be considered include the capacity to marry, intent to marry, and how the couple presents their relationship to the public.
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Divorce and separation
In Alabama, common-law marriage is not recognized, and therefore, the concept of "common-law divorce" does not apply in the state. However, this does not mean that unmarried couples in Alabama have no rights or protections when it comes to separation and dividing their assets. While they may not go through a traditional divorce process, there are still legal avenues to ensure a fair separation. Here's an overview of how divorce and separation work in Alabama, particularly regarding common-law relationships:
Divorce for Married Couples in Alabama:
In Alabama, married couples can file for divorce by citing one of several grounds, including incompatibility, adultery, abandonment, or cruelty. The process typically involves filing a petition with the court, serving the other spouse with divorce papers, and then negotiating or litigating the terms of the divorce. This may include dividing marital assets, determining child custody and support, and spousal maintenance or alimony. Alabama is an equitable distribution state, which means that marital property is divided equitably, but not necessarily equally, during a divorce.
Separation for Unmarried Couples in Alabama:
For unmarried couples who live together or have a relationship that resembles a marriage, separation can be more complex. Since Alabama does not recognize common-law marriage, the court will not treat these couples as legally married during a breakup. However, this does not mean that one party can simply walk away with all the assets or leave the other partner without support, especially if there are children involved. In such cases, the courts may apply the principles of contract law and equity to divide property and determine support.
Property Division for Unmarried Couples:
When unmarried couples separate, they may need to divide jointly owned property, such as a home or other assets. Alabama courts may look at factors such as the length of the relationship, contributions made by each partner, and any agreements or understandings between the couple when deciding how to divide property. It's important to note that Alabama does not have the same legal framework for property division as it does for married couples, so the process may be more complex.
Child Custody and Support for Unmarried Parents:
Unmarried parents have the same rights and responsibilities as married parents regarding their children. If an unmarried couple with children separates, they will need to establish legal custody and support arrangements. Alabama courts will always make decisions based on the best interests of the child. This may include determining legal and physical custody, as well as calculating child support obligations, just as they would in a divorce case.
Alternative Dispute Resolution:
Whether married or unmarried, couples in Alabama can also choose to resolve their separation issues through alternative dispute resolution methods such as mediation or collaborative law. These processes can help couples avoid the cost and stress of litigation and allow them to reach mutually agreeable solutions regarding property division, child custody, and support.
In summary, while Alabama does not recognize common-law marriage or divorce, the state does provide legal avenues for unmarried couples to resolve issues related to separation, property division, and child custody. It's always advisable to seek legal guidance from a family law attorney familiar with Alabama law to understand your specific rights and options during a separation or divorce.
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Custody and children
Alabama no longer recognizes common-law marriages that began after January 1, 2017. Common-law marriages that began before this date are still recognized and enjoy the same rights and responsibilities regarding the division of property and child custody as any other married couple.
To establish a common-law marriage in Alabama, four requirements must be met. Firstly, both parties must have the legal right or "capacity to marry". This includes being of legal age, not already being married, and not being closely related. Secondly, each person must intend to be married to the other person. Thirdly, the couple must publicly recognize themselves as a married couple. This can include sharing a last name, using “husband” and “wife” titles, filing joint income tax returns, or changing Facebook relationship statuses. Lastly, consummation and cohabitation must occur, although there is no minimum time of cohabitation required.
It is important to note that simply living together, having children together, or living together for a certain length of time does not constitute a common-law marriage in Alabama. A judge will consider many factors to determine whether a couple intended to be married and, ultimately, it is the judge's decision that determines whether a common-law marriage exists.
If a common-law marriage is established, it is treated for all legal purposes as a regular marriage. This includes the right to make medical decisions for a disabled spouse, the right to a formal divorce, and the ability to inherit a spouse's property.
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Inheritance and property
Wills and Intestacy
In Alabama, it is important to have a valid will, known as a "testate", in place to ensure your wishes regarding inheritance are carried out. A testate must be signed in front of two witnesses who are not heirs to the will. In the absence of a valid will, a person is considered to have died intestate, and Alabama's laws of intestacy will determine the distribution of their assets. These laws outline a scheme of distribution, known as intestate succession, which aims to reflect what most people would want regarding their assets.
Spouse and Children
If an individual dies without a will in Alabama, their spouse and children will typically inherit their property. The distribution depends on whether the deceased has a spouse, children, or other close relatives. If there are no living parents or children, the spouse usually inherits all intestate property. However, if there are children, the spouse receives the first $50,000 of the estate and half of the balance, with the remaining going to the children. If there are multiple children, they will equally divide the intestate share.
Other Relatives
Alabama's intestacy laws also consider half-relatives, who inherit as if they were "whole". For example, a sister with whom you share only one parent has the same right to your property as if you shared both parents. Additionally, posthumous relatives, such as those conceived before but born after your death, are treated as if they were born during your lifetime.
Inheritance and Divorce
In Alabama, inheritance is generally considered separate property and is not subject to division in a divorce. However, if inheritance funds are commingled with marital assets, they may lose their separate property status and become divisible in a divorce. Therefore, it is essential to keep inheritance funds separate and properly documented to protect them in the event of a divorce.
Taxes
Alabama does not have its own inheritance or estate tax. However, there are still tax implications for residents and non-residents with property in the state. While there is no longer a federal estate tax, certain filing requirements are based on federal estate tax laws and credits. It is important to understand these tax laws when dealing with inheritance and property in Alabama.
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Frequently asked questions
Common law marriage is a legal concept that applies to couples who are in a relationship that appears to be a marriage but hasn't been formalised by the state.
Yes and no. Alabama outlawed common-law marriages after January 1, 2017. Any common-law marriages that began before this date are still recognised and enjoy the same rights and responsibilities as any married couple.
You'll need to show that both you and your partner had the legal right or "capacity to marry", and that each person intended to be married to the other. A judge will weigh many factors to decide the intent to marry.
Common-law spouses enjoy the full benefit of Alabama's family court laws, including the right to a formal divorce, the ability to inherit a spouse's property, and the right to make medical decisions for a disabled spouse.
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