Gavin Howe
The recognition of common-law marriages varies across different states and jurisdictions. Common-law marriages are formed when a couple is considered legally married by state law, without the need for a formal wedding ceremony or marriage certificate. While some states have moved towards abolishing common-law marriages, others continue to recognize them, and the military's recognition generally depends on compliance with the laws of the state where the couple resides or gained the right to benefits. For VA benefits, the VA will recognize common-law marriages if the state where the veteran resides acknowledges such marriages and if the state's requirements are met.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage by the military | Yes, if the marriage is recognized in the state where it occurred and complies with the laws of that state. |
| Common-law marriage recognition for VA benefits | Yes, if the Veteran resides in a state that recognizes common-law marriage and meets the state's requirements. |
| States recognizing common-law marriage | Alabama, Colorado, Texas, and 12 others. |
| Requirements for common-law marriage | Vary by state; may include agreement to be married, cohabitation, and assumption of marital duties. |
| Proof of common-law marriage | Clear and convincing evidence that the couple publicly recognized the existence of a marriage. |
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What You'll Learn
Common law marriage recognition varies by state
Recognition of common-law marriages varies across different states. Common-law marriage is essentially a "marriage by agreement" rather than a "marriage under the law". In the past, many people couldn't afford a marriage certificate or ceremony, or they lived in rural areas without access to someone legally permitted to marry them. So, they would consider themselves married.
Today, a common-law marriage is a relationship where a couple is considered legally married by state law, even without a wedding ceremony or marriage certificate. While some states have moved to abolish common-law marriage, deeming it unnecessary, a handful of states still recognize it. These include Alabama, Colorado, and Texas.
The recognition of common-law marriage is important for military spouses, as it can impact their ability to access military benefits. The military will generally recognize a common-law marriage if it complies with the laws of the state where the couple lived when they entered the marriage or when the service member gained the right to benefits.
The VA (Veterans Affairs) also recognizes common-law marriages, but only if the state in which the veteran resides recognizes such marriages, and if the state's requirements for a common-law marriage are met. The VA will require evidence of a common-law marriage, such as proof that the couple held themselves out as married under the common law. This can include an agreement to be married, cohabitation, and the assumption of marital duties and obligations.
It is important to note that the recognition of common-law marriage can vary depending on the specific circumstances and the state in question. If you are seeking to establish a common-law marriage or access benefits based on such a marriage, it is advisable to consult with a lawyer familiar with the laws of your state.
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Military recognition depends on state recognition
Military recognition of common-law marriage depends on state recognition. Common-law marriage is a relationship where a couple is considered legally married by state law, even without a wedding ceremony or marriage certificate. While some states are moving towards abolishing common-law marriage, a few states continue to recognize and validate it. These states each have their own regulations for establishing a common-law marriage.
For example, in Burden v. Shinseki, Mrs. Burden, a resident of Alabama, was denied DIC benefits from the VA after her husband, a veteran, passed away. Although the VA initially denied her claim, she was ultimately able to establish a common-law marriage under Alabama law and receive the benefits. This case demonstrates that the VA, and by extension, the military, will recognize common-law marriages if they are recognized by the state in which the couple resides or gained the right to benefits.
Additionally, the USCIS recognizes common-law marriages for naturalization purposes if the marriage is valid and recognized by the state in which it was established. This is true even if the application is filed in a jurisdiction that does not recognize common-law marriage. Similarly, the VA recognizes common-law marriages for benefits and services if the marriage is valid under state law, regardless of whether the marriage involves same-sex partners.
Therefore, it is crucial to understand the specific requirements for establishing a common-law marriage in your state. Consulting with a lawyer familiar with common-law marriages in your state can help you navigate the process and secure any military benefits that may be associated with your marital status.
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Same-sex marriages are recognised by the military
The Defense Department extends benefits such as healthcare and Basic Allowance for Housing to all married service members, regardless of sexual orientation. Same-sex spouses of military personnel are also entitled to spousal benefits, including life insurance benefits, pensions, employment benefits, immigration equality, and similar recognition as opposite-sex military spouses for tax purposes. Additionally, the Department of Defense (DoD) has taken steps to support same-sex couples in the military by providing leave for service members who need to travel to a jurisdiction that allows them to marry.
In other countries, the recognition of same-sex marriages by the military varies. For example, the French Armed Forces recognise civil solidarity pacts (PACS) entered into by same-sex couples, but these confer fewer benefits than marriages. In countries that legally recognise same-sex unregistered cohabitation, same-sex adoption, and open service in the military, it is more likely that same-sex adoption will be allowed by the armed forces.
While there are no specific military marriage laws or fees, and military members can marry whomever they choose, including same-sex partners, it is important to be aware of the laws and benefits that may vary depending on the location and specific military branch.
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Common law marriage proof is required for benefits
The recognition of common-law marriages varies across different states. Some states completely disregard this concept, while others acknowledge it with limitations. A few states fully recognize and validate common-law marriages.
The military will generally recognize a common-law marriage if it complies with the laws of the state where the couple lived when they "got married" or when either partner gained the right to military benefits. For example, if a couple lives on a base in Texas, where common-law marriages are permitted, and can establish a legitimate common-law marriage under Texas law, then the military will also recognize their marriage.
The VA will recognize a veteran's common-law marriage if the state in which the veteran resides recognizes common-law marriage and the state's requirements for such a marriage are met. The VA will require the same evidence for claims and applications involving common-law marriages as for opposite-sex marriages. Generally, the VA will accept a claimant's assertion that they are married as sufficient evidence to establish a veteran's marriage for VA benefits. However, the VA may investigate further if an assertion concerning a marriage appears unreliable.
To establish a common-law marriage, there is usually a requirement for a "positive mutual agreement, permanent and exclusive of all others, to enter into a marriage relationship, cohabitation sufficient to warrant a fulfillment of the necessary relationship of man and wife, and an assumption of marital duties and obligations." It is important to consult with a lawyer familiar with common-law marriages and the specific requirements in each state.
In the case of Burden v. Shinseki, the VA found that the veteran had not proven a common-law marriage under Alabama law, despite the veteran's spouse providing clear and convincing evidence that the veteran publicly recognized the existence of a marriage. This case highlights the complexities of common-law marriage and the importance of understanding the specific requirements and potential challenges in proving such a marriage.
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Common law marriage is a marriage by agreement
Common law marriage is a complex issue, especially within the military context. While there are no laws governing military marriage, the military will generally recognize a common law marriage if it complies with the laws of the state where the couple lived when they entered into the marriage or when one partner gained the right to military benefits.
Common law marriage is essentially a "marriage by agreement" rather than a "marriage under the law". In the past, many couples couldn't afford a marriage certificate or ceremony, or they lived in rural areas without access to someone lawfully permitted to marry them. So, they would consider themselves married. Common law, or the law of precedent or tradition, will generally recognize a marriage when there is a "positive mutual agreement, permanent and exclusive of all others, to enter into a marriage relationship, cohabitation sufficient to warrant a fulfillment of the necessary relationship of man and wife, and an assumption of marital duties and obligations."
The recognition of common law marriages varies from state to state. Certain states completely disregard this concept, while others acknowledge it with significant limitations. Only a few states fully recognize and validate common law marriages. To establish a common law marriage, couples must meet the qualifications for common law marriage in their state, and they must live in that jurisdiction.
For VA benefits and services, the VA will recognize marriages that are recognized as "marriages" under state law. The VA will recognize a common law marriage if the state in which the veteran resides recognizes common law marriage and the state's requirements for a common law marriage are met. Once a state court recognizes the existence of a common law marriage, it will be difficult for the VA to sustain an administrative decision finding otherwise.
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Frequently asked questions
The military will generally recognize common-law marriage if the marriage is recognized in the state where it occurred and meets the legal requirements of that state.
The requirements for a common-law marriage to be recognized vary from state to state. Some states require an agreement to be married, cohabitation, and the assumption of marital duties and obligations.
Common-law marriage can impact military benefits such as inheriting assets after a partner's death, dividing assets in case of separation, and accessing marital benefits like insurance. For VA benefits, the VA will recognize common-law marriage if the state in which the veteran resides recognizes it and the state's requirements are met.
