Keith Mack
Alabama is one of the few US states that recognize common-law marriages. However, this only applies to relationships that began before January 1, 2017. After this date, Alabama banned the recognition of new common-law marriages, and couples must legally marry. Common-law marriages are typically defined as a union between two people that has not been formalized by the state but is created by an agreement to marry. Common-law spouses in Alabama enjoy the full benefit of family court laws, including the same rights and responsibilities relating to property, alimony, child support, and custody as any other married couple.
| Characteristics | Values |
|---|---|
| Common law marriages formed after | January 1, 2017, are not recognized in Alabama |
| Common law marriages formed before | January 1, 2017, are recognized in Alabama |
| Requirements for common law marriage | Both parties must have the legal right or "capacity to marry" and the intention to be married to each other |
| Both parties must hold themselves out to family, friends, and the community as being married | |
| Divorce | Common law spouses have the same rights and responsibilities as legally married couples in Alabama |
| Benefits | Common law spouses have 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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What You'll Learn
Common law marriage validity
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 formalised by the state. In the US, common law marriage is only recognised in a handful of states, and Alabama is one of them—but only for relationships that began on or before 1 January 2017.
After this date, Alabama banned the recognition of new common-law marriages. From 1 January 2017 onwards, couples seeking marriage in Alabama must take the following steps to be legally married: participate in a ceremony solemnised by a minister or other qualified person, provide marriage documents to a probate court, and either receive a marriage license or have the marriage recorded.
For relationships that began before 1 January 2017, common-law marriages in Alabama are just as legally binding as ceremonial marriages. To prove a common-law marriage in Alabama, a couple must meet four requirements: both spouses must have the legal right or "capacity to marry", each person must intend to be married to the other, both spouses must hold themselves out to family, friends, and the community as being married, and the couple must live together (although there is no minimum time frame). Ultimately, it is up to a judge to decide whether a common-law marriage exists, and they will weigh many factors to decide the intent to marry.
In the case of a breakup, common-law spouses in Alabama have the same rights as formally married couples regarding divorce, division of property, alimony, child support, and custody. If a spouse dies without a will, the state's inheritance laws apply to the surviving spouse in a common-law marriage.
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Legal rights and benefits
In 2016, the Alabama Legislature passed a law banning the recognition of new common-law marriages from January 1, 2017. However, common-law marriages that began before this date are still valid and are treated for all legal purposes as a regular marriage.
Common-law spouses in Alabama enjoy the full benefit of the state's family court laws and rules. They have the same rights and responsibilities as legally married couples regarding divorce, spousal and child support, division of property, alimony, and child custody.
If a common-law spouse passes away without a will, the state's inheritance laws apply, and the surviving spouse has the right to inherit their property. Common-law spouses may also have a stronger case for claiming social security and survivor benefits.
In addition, a valid common-law marriage in Alabama includes the right to make medical decisions for a disabled spouse and the ability to obtain a formal divorce.
It is important to note that proving a common-law marriage can be challenging, and a judge will consider various factors to determine the intent to marry. These factors include whether both spouses had the "`capacity` to marry", such as being of legal age and sound mind, and whether they behaved in a way that led family, friends, and the community to believe they were married.
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Divorce and separation
Alabama is one of the few states that recognize common-law marriages. However, since 2017, Alabama has banned the recognition of new common-law marriages. Now, couples must legally marry, involving a ceremony and providing marriage documents to a probate court.
If a couple believes they have entered into a common-law marriage, they should seek legal advice to understand their rights and obligations. If a court decides that a couple is in a common-law marriage, then the same legal processes that apply to a legal marriage would apply, including divorce proceedings.
To prove a common-law marriage in Alabama, a person must show three elements: public recognition of the relationship as a marriage, the assumption of marital duties, and cohabitation. Public recognition may include signing leases or buying property together, filing taxes as a married couple, or listing a couple as married in a public document.
If a common-law marriage is terminated, either by divorce or the death of one or both partners, the case is handled like the divorce of a ceremonially married couple. Issues such as child custody, alimony, child support, and property division are decided in a divorce proceeding.
It is important to note that proving a common-law marriage can be challenging, and it is advisable to seek legal counsel to understand the specific circumstances and the best course of action.
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Misconceptions about common law marriage
In Alabama, a common-law marriage is just as legally binding as a ceremonial marriage. However, there are several misconceptions surrounding this topic.
Firstly, it is important to note that Alabama no longer recognizes new common-law marriages that began after January 1, 2017. This decision was made by the Alabama Legislature in 2016, and any common-law marriages that started before this date will continue to be recognized. Therefore, it is a misconception that all common-law marriages are valid in Alabama, as the validity now depends on the date the marriage began.
Another misconception is that having a child together or living together for a certain length of time automatically establishes a common-law marriage. This is not true. While these factors may be considered by a judge when determining the intent to marry, they do not solely prove the existence of a common-law marriage. The judge will consider various factors, such as whether both parties had the legal capacity to marry and their intention to be married to each other.
Additionally, some people believe that simply living together and referring to each other as husband and wife is sufficient for a common-law marriage. However, this is not always the case. In Alabama, certain requirements must be met, including being an adult (having reached the age of 19), being of sound mind, and not being married to someone else. If an individual is already married and lives with another person, they cannot enter into a common-law marriage with the new partner, even if their spouse passes away during their cohabitation.
Finally, there is a misconception that proving a common-law marriage is straightforward. On the contrary, establishing a common-law marriage can be challenging, especially when courts need to get involved. The evidentiary standard for proving a common-law marriage is high, and individuals may need to provide various forms of evidence to support their claim. This process can be complex and may require legal assistance.
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Recognition of out-of-state common law marriages
In Alabama, common-law marriages that began before January 1, 2017, are still recognised and are treated as legally binding as ceremonial marriages. This means that couples who were in a common-law marriage before 2017 have the same rights as any other married couple regarding property division, custody, and benefits. For example, they can make medical decisions for a disabled spouse, file for divorce, and inherit their spouse's property.
However, Alabama no longer recognises common-law marriages that began after January 1, 2017. Since that date, couples seeking marriage must undergo a legal marriage process, including a ceremony solemnised by a qualified official and registering their marriage with a probate court.
It is important to note that, even before 2017, common-law marriages in Alabama required more than simply living together, having children, or referring to each other as husband and wife. Both parties must have had the legal right to marry, and both must have intended to be married to each other. Ultimately, a judge decides whether a common-law marriage exists by weighing various factors, including joint purchases, joint finances, and holding themselves out as married publicly.
While Alabama does recognise common-law marriages that began before 2017, it is unclear how the state treats out-of-state common-law marriages. It is possible that Alabama may recognise these marriages if they were valid in the state where they were established, but specific legal advice should be sought for such cases.
If you are seeking to prove a common-law marriage in Alabama, whether recognised in the state or out-of-state, it is important to consult a lawyer for personalised legal advice and to understand your rights and options.
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Frequently asked questions
Yes and no. Alabama has passed legislation that declares any common-law marriage formed after 1 January 2017 as invalid. Common-law marriages entered into before this date will remain valid.
Common-law marriage is a legal concept that applies to couples who are in a relationship that has the appearance of a marriage but hasn't been formally sanctioned by the state. A valid common-law marriage typically confers the benefits and obligations of a formal marriage.
There are four requirements for a common-law marriage in Alabama: both parties must have the legal right to marry, each person must intend to be married to the other, both parties must hold themselves out to family, friends, and the community as being married, and they must live together.
Ultimately, only a judge can determine whether a common-law marriage exists. The judge will weigh many factors to decide the intent to marry, including whether both spouses had the "capacity" to marry at the time of the marriage, whether each spouse has taken an affirmative act or said something that demonstrates an intent to marry the other person, and whether the spouses behaved in a way that caused family, friends, and the community to conclude that both partners were married to one another.
Common-law spouses in Alabama enjoy the full benefit of the state's family court laws and rules, and they have the same rights and responsibilities relating to the division of property, alimony, child support, and custody as any other married couple. Common-law spouses also have 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.
