What exactly is common law marriage? And do you know what the requirements for common law marriage in New York are? A common law marriage is a bond between two partners that is supposed to provide the same legal rights to a married couple, but without the marital ceremony. While the concept of this relationship has been around for years, most folks don’t give it a second thought as they understand it to be a thing of the past. Frankly, some partners might feel uncomfortable entering a legal marriage with their soulmates, yet they want to have the same rights and privileges. This, of course, varies from state to state.
New York’s laws on recognizing common law marriages include not recognizing them in any way. However, there is a process that is known as “equitable distribution” for property rights, as well as one for spousal support, that has been developed in place of that matrimonial standard. Because entering into a common law marriage places the partners into a committed relationship under the law, it’s useful to briefly review the United State’s view of common law marriages.
There are some areas in the country that still consider common law marriages to provide the same benefits and responsibilities as a recognized legal marriage. One of those is the District of Columbia, with others including Alask, Kansas, Montana, Utah, and Wyoming. So, when thinking about how to legally protect yourself and your partner, it would be good to consider that someone in Pennsylvania may be sharing the same benefits enjoyed by you if you lived there. Some other states consider it for benefits only, while Florida and Georgia have completely abrogated the concept.
You’d think that living in a state that doesn’t view common law marriages similarly to the District of Columbia would mean that you cannot claim such a status if you move to New York. But that’s not the case. If you came into New York (or Pennsylvania) from one of the states above (or a few others), you’re going to enjoy the same benefits and protections that a couple who entered into a legal marriage would enjoy. For that reason, it’s important to maintain records of your intent to enter into one of these relationships with bolstering evidence of your life together so that when you leave a state that has regarded you as common law married, you can begin to enjoy these rights and privileges in another jurisdiction.
Having been born in New York, it’s only natural that when your partner and you entered into an engagement, you thought nothing of it. Both of you began to plan for your life together, handling the normal wedding planning and organizational issues until you decided a civil ceremony without the bells, whistles, dress, and veil was just the right move. New York allows for secret marriages, so the two of you declared your vows in front of a judge and then headed off to Mexico for a nice honeymoon. When you returned to the U.S., you went on with your job and social lives as though you were legally married.
Then, something happened that neither of you expected. Your employer offered you a great job elsewhere and within a month, you would be moving far, far away. At that point, you realized that you had nothing to protect your rights regarding property or anything else if something were to happen to your partner. That’s when you begin discovering equitable distribution, but that process takes time. Time to what end, you both wonder. The state you were travelling to is definitely one that recognizes same sex partnerships, but does not recognize common law marriage within those guidelines. So, you’ve got to figure out what to do.
There are so many different reasons why you need to consult with a family law attorney soon after you complete your nuptials without the bells and whistles. It’s so easy to think that because New York does not recognize a common law marriage, there is nothing you need to worry about. But, you’d be wrong. Without a legal certificate, couples are at odds when one travels out of state, or one states that doesn’t regard the marriage as real. Issues of parentage could raise difficulties if the male or female biological parents dies. If the couple acquired joint property, such as a studio unit, it’s important that both partners are immediately listed on the deed. And, in the event of the death of one partner, transferring assets, bank accounts, medical records, and financial statements can become a challenge without a documented signature history. A consultation with a family law attorney shortly after the self-declared marriage could have solved many of those problems.
So many people live within the New York community and would benefit from spending an hour with a family law attorney before making a marital commitment. Clients come in regularly, thinking that they do have the rights associated with common law marriage. They’ve never looked up the ramifications of engaging in a common law marriage. They live their relationship as though they were legally married and then, something comes up that causes them to question their rights. At that point, we’re called in to resolve the situation. An ounce of prevention, however, helps to guarantee that all parties are on the right side of the law.
