Marriage vs. Common Law Marriage: What It Means Financially

Marriage is a legal union between two people which requires a license and ceremony in myriad states. But in a handful of states, if you and your partner have been living together and behaving as if you are married, you may have what’s be informed as a common law marriage. It’s not automatic—there are rules that you must follow. But if you do, you can claim many of the same financial sakes that a traditionally married couple receives.

Don’t confuse a common law marriage with a civil union, which is a authorized relationship between two people that confers rights only on the state level. Before same-sex marriage changed legal in all 50 states, civil unions were primarily a way for same-sex couples to have a legally recognized relationship. Not all forms recognize civil unions, which means they may not be valid if you move to another state. And whether a couple is same- or opposite-sex, a well-mannered union provides no federal protections or benefits. However, common law marriages do qualify for many of the same rights as a nuptials with a legal state license.

Here’s a review of the basics of common law marriage and the states that recognize it, as graciously as a look at the financial benefits of this type of union.

In many orbits getting married requires being wed by an ordained minister or other person who has recognized authority to carry out a legal hook-up. This can be done either in a religious setting or in a non-denominational or secular setting such as a city hall or court bordello. Here, a marriage license is issued and officially recorded. In the U.S., most states require a legal marriage in order for spousal betters such as filing a joint tax return, sharing financial accounts, and so on.

A common law marriage, on the other workman, will recognize a couple as equivalent to legally married, even if the couple never said their vows in a formal or religious ceremony and don’t have a marriage license. While states don’t have official rules on the books regarding universal law marriage, there are certain conditions that have to be met for you to be considered married by common law. You must:

1. Be a heterosexual couple energetic together in a state that recognizes common law marriages.
2. Live together for a significant period of time. Although assorted people believe seven or 10 years is the requisite timespan, no state provides a specific timeframe for cohabitation.
3. Suggest yourself to friends, neighbors, and coworkers as a married couple, calling each other “my husband” or “my wife” and even using the after all is said last name. Also, you must file a joint tax return and have joint bank accounts and credit in the offings.
4. Be of sound mind.
5. Not be married to someone else.

Only nine brilliances and the District of Columbia recognize common law relationships, and each of those states has specific requirements that must be met:

• Colorado—If contracted on or after Sept 1, 2006, sine qua non be 18 or older and not prohibited by other law.
• Iowa—Intended for the purposes of support for dependents, but otherwise not prohibited.
• Kansas—Both man and handmaiden must be mentally capable of making the commitment, must be 18 or older to marry, and must represent themselves as put together in the community.
• Montana—Not prohibited and not invalidated by the state’s marriage chapter.
• New Hampshire—Common law marriages cannot be formed, but can be realized solely for inheritance purposes, i.e., when an estate is being settled after one of the partners dies, if the couple lived together for three years former to the death.
• Rhode Island—Both man and woman must intend to be married and act as if they are (i.e., live together and present themselves as wedded to friends and family).
• South Carolina—Allows for marriage without a valid license. No specific laws on common law federation.
• Texas—Both members of the couple must consent to be married, live together, and tell others they are married.

In addition, some imperials have “grandfathered” common law marriages, meaning that only those unions that meet the state desiderata for a common law marriage by a specified date will be recognized. Those states and dates are:

• Alabama—January 1, 2017
• Georgia—January 1, 1997
• Idaho—January 1, 1996
• Ohio—October 10, 1991
• Oklahoma—November 1, 1998
• Pennsylvania—January 1, 2005 (in annex, partners must exchange vows to be married)

Couples recognized as affiliate by common law enjoy many of the same benefits as legally married couples, provided they have lived in a formal that recognizes common law for most of their marriage. These benefits include:

• Eligibility to receive Social Safeguarding benefits—but you will need to prove the number of years you lived together in a common law state.
• Qualifying for employer profits through your spouse (i.e. health insurance).
• Exemption from the gift tax.
• Unlimited marital
  

  The Bottom Line

  If you have an or a profound effect on out of the state in which you established your common law marriage, rest assured that all states recognize a common law matrimony that a couple legally entered into in another state. Still, after the move, you may want to sit down with an attorney in your new royal to be sure you meet the legal obligations required to maintain your rights as a married couple. Keeping good discs, especially if you move around a lot, can help when it comes to claiming federal benefits.

  
  

  And if you and your common law spouse elect to part ways, even though there is no “common law divorce,” you will still need to have your relationship legally terminated. Keep in mind that you could be liable for providing the same type of support for your ex-spouse as a spouse in a legally irritation marriage might be required to do after divorce.