Common Law Marriages – Am I In One?

Angelina and Brad. Goldie and Kurt. It’s becoming more and more common for couples (and parents) to live together for extended periods of time – decades, even – and remain unmarried. We’ve had some clients wondering if, after they have lived with a significant other for a long time, they have what is called a “common law” marriage. Well, if you live in our tri-state area of Arkansas, Tennessee, or Mississippi, you can live with each other for seventy years and still not be considered part of a common law marriage – none of the three states recognizes the practice of common law marriages. In fact, there are very few – less than fifteen – states that recognize them in any form.

In case you are moving to one of these states, what does it take to be recognized as being a spouse in a common law marriage? You must have lived together for a significant period of time, act for all intents and purposes as a married couple (using the same last name, titles of “husband” and “wife”, and filing a joint tax return), and you must intend to be married. Once your common law marriage exists, you and your spouse are treated legally as a married couple. You must even go through a legal divorce should you wish to end your marriage. And if you leave one of the few states that still recognize common law marriage, other states will continue to recognize you as married, but national institutions (like the Social Security Administration) may not unless you stay in a state that continues to recognize them as valid.