Cecily Zamora
The decision to enter a common-law marriage or civil union instead of a traditional marriage can be influenced by various factors, including personal, legal, and financial considerations. Some individuals may choose a common-law marriage or civil union to avoid the social and religious obligations associated with marriage while still demonstrating their commitment to their partner. Civil unions, recognized in a limited number of states, offer similar legal protections as marriage without federal recognition, which may be preferred for tax purposes or to avoid the baggage of marriage. Common-law marriages, on the other hand, are recognized in a few states and by some family courts in specific contexts, but they may not provide the same legal protections as a traditional marriage, especially when it comes to property division and spousal support upon dissolution.
| Characteristics | Values |
|---|---|
| Reasons for choosing civil unions over marriage | Avoiding social and religious obligations of marriage |
| Receiving similar legal protections as married couples | |
| Avoiding the label of being "legally married" for tax purposes | |
| Access to employment and healthcare benefits | |
| Avoiding the legal recognition of marriage | |
| Reasons for choosing common-law marriages over marriage | Living in a jurisdiction that does not permit ceremonial marriage |
| Avoiding the minimum age requirements for marriage | |
| Avoiding the social stigma associated with cohabitation | |
| Lack of access to a marriage officiant |
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What You'll Learn
Avoiding social and religious obligations
Marriage often comes with social and religious obligations that some may want to demonstrate to their partner differently. Civil unions and common-law marriages are two alternatives to traditional marriage that some couples choose to avoid these obligations.
Civil unions are legally recognized in some states, such as Illinois, Colorado, Hawaii, Vermont, and New Jersey, but they are not federally recognized. This means that couples in a civil union may not have the same protections if they move to a state that doesn't recognize their union. Civil unions offer many of the same protections as marriage, including inheritance rights, bereavement leave, access to employment and health benefits, and joint parental rights. For same-sex couples, civil unions were often the only way to receive the same rights as married couples before the legalization of same-sex marriage. Now that same-sex marriages are recognized federally, civil unions are less common.
Common-law marriages, on the other hand, are achieved by an agreement to be married, living together as spouses, and presenting themselves as married to others without obtaining a marriage license or having a ceremony. Common-law marriages are recognized in some states, including Colorado, Iowa, Kansas, Montana, South Carolina, Texas, Utah, and Rhode Island. In some cases, couples may unintentionally enter into a common-law marriage by cohabiting for a moderate period, as this was historically considered sufficient to qualify as a marriage. While common-law marriages can provide similar protections to traditional marriages, they may not be recognized in all states or settings, which can lead to legal issues.
Both civil unions and common-law marriages can provide couples with a way to demonstrate their commitment to each other without the social and religious obligations of a traditional marriage. However, due to the lack of federal recognition and potential legal issues, it is important for couples to carefully consider their options and consult with a lawyer before choosing an alternative form of union.
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Access to state-level rights and benefits
In the United States, civil unions are legally recognised in only a few states: Illinois, Colorado, Hawaii, Vermont, New Jersey, and Iowa. In these states, civil unions offer couples the same legal rights as a marriage at a state level. This includes inheritance rights, bereavement leave, access to employment benefits such as health insurance, joint ownership of property, joint state tax filings, and joint parental rights.
Civil unions are beneficial for couples who do not believe in marriage or do not want to be recognised as legally married by the federal government, perhaps due to tax purposes. For example, couples in a civil union must file federal taxes individually and may not have access to the same federal benefits as married couples, such as social security and veteran's benefits.
In contrast, common-law marriages are recognised in a few states without a time limit (Colorado, Iowa, Kansas, Montana, South Carolina, Texas, Utah, and Rhode Island) and within time limitations in five other states. Common-law marriages are achieved by an agreement to be married, living together as spouses, and presenting themselves as married to others. While common-law marriages may offer similar rights to civil unions and marriages at a state level, the extent of recognition varies across states and settings.
In Canada, common-law relationships are legally recognised as "unmarried spouses" and are treated similarly to married spouses in specific contexts such as taxes and financial claims. However, common-law couples may not have the same rights as married couples when it comes to property division and spousal support upon dissolution.
Overall, civil unions and common-law marriages provide varying levels of access to state-level rights and benefits depending on the jurisdiction and recognition within that state. Couples choosing these alternatives to traditional marriage should carefully consider the legal protections and benefits offered in their specific state.
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Avoiding federal recognition
Civil unions are not recognised at the federal level in the United States, and thus couples in a civil union do not have the same protections as those in a federally recognised marriage. For example, couples in a civil union cannot file joint federal income tax returns, and federal benefits such as Social Security and Veteran's benefits may not be extended to the spouse in a civil union. Additionally, those in a civil union cannot file visa petitions for a non-citizen partner, as a married couple can.
In the United States, common-law marriages are not recognised by the federal government, and the extent to which common-law marriages are recognised varies across states. Some states, such as Colorado, Iowa, Kansas, Montana, South Carolina, Texas, Utah, and Rhode Island, recognise common-law marriages, while others do not. In some states, common-law marriages are only recognised within specific time limitations. The lack of federal recognition of common-law marriages can result in legal complications, especially when it comes to property division, spousal support, and child-related matters during the dissolution of the union.
The choice to avoid federal recognition through civil unions or common-law marriages may be influenced by personal, religious, or social beliefs and obligations associated with traditional marriages. Additionally, individuals in same-sex relationships may have historically opted for civil unions or common-law marriages due to the previous lack of federal recognition of same-sex marriages.
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Same-sex couples may prefer common-law marriage
Common-law marriage has been particularly important for same-sex couples who were prevented from entering into a ceremonial marriage by laws that have since been declared unconstitutional. For example, in Pennsylvania, a same-sex common-law marriage will be recognized if contracted before January 1, 2005, even though same-sex marriages were not recognized until 2014. This allowed same-sex couples to access benefits that require a certain length of marriage, such as Social Security or alimony.
Furthermore, some same-sex couples may prefer common-law marriage to avoid the social and religious obligations associated with traditional marriage. Common-law marriage allows them to demonstrate their commitment to their partner without the same baggage as a ceremonial marriage. Additionally, common-law marriage does not require federal recognition, which some couples may prefer to avoid tax implications and other federal benefits such as veteran's benefits.
It is important to note that the precise requirements to prove a common-law marriage may vary from state to state, and some states in the United States no longer recognize common-law marriages. However, for same-sex couples who have been together for many years, common-law marriage can provide a way to access the same rights, benefits, and responsibilities as a legal marriage.
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Common-law marriage is easier to dissolve
In some states, common-law marriages are considered equal to formal marriages and require a divorce to legally dissolve the union. However, in cases where neither spouse pursues a divorce, a common-law marriage can be dissolved without a legal process. This can be problematic if there are shared children, property, and assets involved.
In Texas, for example, if the two people stop living together and do not pursue a divorce, there is a presumption that they never agreed to be married in the first place. This means that Texas law assumes there was never a marriage, and the common-law spouses can simply walk away and act as if the marriage never existed. However, this can lead to issues with property division, custody arrangements, and spousal support.
To avoid these complications, it is generally recommended to obtain a divorce for a common-law marriage, especially if there are shared children, property, or assets. By pursuing a divorce, common-law spouses can ensure that their interests are protected and legal rights are upheld.
In contrast, civil unions, which are legally recognized in certain states but not at the federal level, can be dissolved through a process similar to divorce. This includes property division, child custody, and child support settlements. However, civil unions do not provide the same federal benefits as traditional marriages, such as joint federal income tax returns, Social Security, or Veteran's benefits.
While civil unions and common-law marriages offer alternatives to traditional marriage, it is important to understand the legal implications and protections associated with each type of union, especially when it comes to dissolution. Consulting with an experienced family law attorney can help individuals navigate these complexities and make informed decisions about their relationships.
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Frequently asked questions
Common-law marriage, also known as non-ceremonial marriage, is a marriage that occurs when two people capable of being married intend to be married, live together as a married couple, and present themselves as a married couple to the world. Common-law marriages may be chosen over traditional marriages because they do not require a marriage license or a ceremony overseen by an officiant.
Yes, common-law marriages are legally recognized in some states and countries and may be a good option for those who want to be married but do not want to go through the legalities of a traditional marriage. Common-law spouses who meet their state's requirements are eligible for most of the financial benefits of a married couple, including Social Security.
The main drawback of common-law marriage is that it is not recognized in all states or countries. For example, in the US, only a minority of states recognize common-law marriages. Additionally, common-law marriages may not be recognized in certain settings, such as when filing taxes or applying for benefits.
