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Publication Date

Spring 3-29-2025

Abstract

While the majority of states in the U.S. have eliminated common-law marriage, they are still recognized in a minority of jurisdictions. When a couple has established a valid common-law marriage in another jurisdiction, the Full Faith and Credit Clause of the United States Constitution requires all states to recognize this marriage and give it full legal force and effect. Nevertheless, issues arise when, after the death of one of the individuals, the survivor asserts the existence of a common-law marriage, allowing the survivor to reap financial benefits. Common-law marriages can invite legal challenges, especially when determining the date of marriage, dividing assets, establishing spousal support, and establishing spousal inheritance rights. In these cases, courts have then been called on to evaluate the validity of these claims. The purpose of this article is twofold. First, the requirements necessary to establish a common-law marriage in each jurisdiction will be examined. Second, court rulings upholding or refuting the existence of a common-law marriage will be analyzed to provide the guidance necessary to avoid both unexpected and unintended outcomes

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