Exploring Traditional Wedding Legality: Living Together Legally?

Introduction

Does having a traditional wedding make it legal to live together? This is a question that many couples ask, especially with the increasing number of unmarried couples choosing to live together. The answer to this question depends on various factors, including the legal definition of marriage, the recognition of common-law marriages, and the rights and obligations of cohabiting partners. This paragraph will provide an overview of the topic and discuss the legal implications of traditional weddings and cohabitation.

Common-law marriage

In the United States, common-law marriage has existed since colonial times when America was a colony of England. While it has been abolished in most states, common-law marriage is still recognized in Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Oklahoma, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia.

To enter into a common-law marriage, a couple must generally satisfy the following requirements: be eligible to be married and cohabitate in one of the places that recognize common-law marriage, intend to be married, and hold themselves out in public as a married couple. This means that simply living together for a certain period, such as seven years, does not automatically result in a common-law marriage.

If a couple in a common-law marriage recognized by their state moves to a new state that does not ordinarily allow them, their common-law marriage will still be recognized under the Full Faith and Credit clause of the US Constitution.

While common-law marriage is not recognized in California, if a couple establishes a valid common-law marriage in a state that recognizes it and then moves to California, their marriage will generally be recognized as valid. Additionally, unmarried couples in California can establish certain rights and obligations based on implied or express contracts regarding their relationship and shared property, as per the Marvin v. Marvin case law.

Rights of married vs. unmarried couples

Marriage confers many rights, protections, and benefits, both legal and practical. While some of these vary from state to state, here is a list of the most common rights of married couples:

• Filing joint income tax returns with the IRS and state taxing authorities.
• Creating a "family partnership" under federal tax laws, allowing the division of business income among family members.
• Estate planning benefits, such as inheriting a share of a spouse's estate and receiving exemptions from estate and gift taxes for property given or left to a spouse.
• Obtaining priority if a spouse needs a conservator to make financial or medical decisions on their behalf.
• Receiving Social Security, Medicare, disability, and veteran's or military benefits for spouses.
• Receiving public assistance and insurance benefits through a spouse's employer.
• Taking family leave to care for a spouse during an illness.
• Making medical decisions if a spouse becomes incapacitated.
• Consenting to after-death examinations and procedures, and making burial or other final arrangements.
• Filing for stepparent or joint adoption, and applying for joint foster care rights.
• Receiving a share of marital property if divorced.
• Receiving spousal or child support, child custody, and visitation if divorced.
• Living in neighborhoods zoned for "families only."
• Receiving family rates for health, homeowners', auto, and other types of insurance.
• Receiving tuition discounts and permission to use school facilities.
• Suing a third person for wrongful death of a spouse and loss of consortium.
• Claiming the marital communications privilege, which means a court cannot force the disclosure of confidential communications made between spouses during the marriage.
• Receiving crime victims' recovery benefits if a spouse is the victim of a crime.
• Obtaining immigration and residency benefits for a noncitizen spouse.
• Visiting rights in jails and other restricted places.

On the other hand, unmarried couples who live together, also known as common-law partners, generally have fewer rights. Here are some key differences between the rights of married and unmarried couples:

• Married couples must go through a formal, legal divorce or annulment process to end their marriage, which can be costly, time-consuming, and emotionally draining. In contrast, cohabiting couples can usually end their relationship simply and informally upon mutual agreement.
• Divorcing spouses must divide their property by legally prescribed methods, while unmarried partners can usually divide property however they wish, although this may create more conflict without legal guidelines.
• A higher-wage-earning spouse may be required to pay financial support to the other spouse upon separation or divorce, whereas cohabiting couples are generally not required to support each other after a breakup unless they have a contract stating otherwise.
• If one spouse becomes ill or incompetent, the other spouse has the right to make decisions on their behalf regarding health care and finances. In contrast, a cohabitant may need to defer to the immediate family of their partner unless given legal authority through a power of attorney.
• When one spouse dies, the other spouse has the legal right to inherit a part of their estate. However, when one cohabitant dies, their property will pass to whoever is named in their will or, if there is no will, to family members according to state laws. The surviving partner has no claim to the estate unless named in the will.
• Children born during a marriage are presumed to be the offspring of the married couple, while the father of a child born to unmarried cohabitants may need to establish paternity through blood tests and legal action.
• After separation or divorce, the non-custodial parent of a married couple is generally legally obligated to financially support their children. In the case of cohabiting couples, the non-custodial parent has the same legal obligation if parentage has been established.
• Both married partners have the right to live in the matrimonial home and cannot be asked to leave unless a court has ordered otherwise. In contrast, an unmarried partner of a tenant usually has no rights to stay in the accommodation if the tenant asks them to leave, unless they are joint tenants.
• Married couples are exempt from paying inheritance tax on money or property inherited from a spouse, whereas unmarried couples are not exempt from this tax.
• Married couples can make medical decisions for each other in the event of incapacity and consent to medical treatment for each other, whereas unmarried couples may not have this right, depending on the organization they are dealing with.
• Each married partner has a legal duty to financially support the other, whereas unmarried partners do not have this obligation.
• Married couples are assessed as a couple for means-tested benefits, with their income assessed jointly, while unmarried couples living together and claiming benefits are often treated separately.

Financial considerations

Communication and Planning

Open and transparent communication is vital for unmarried couples as they navigate financial matters without the same legal protections as married couples. It is essential to discuss financial goals, expectations, and how expenses will be split. Unmarried couples should also consider drafting a domestic partnership or cohabitation agreement with the help of an attorney. This document outlines the legal and financial responsibilities of each partner and provides clarity in the event of a breakup.

Day-to-Day Expenses

Unmarried couples living together often share many expenses, such as rent, groceries, utilities, and other household costs. They need to decide how they will manage these expenses, whether by combining income, assets, or both. Some couples find it helpful to have a joint account for shared expenses, with each partner contributing a set amount monthly. It is also important to consider individual debts when dividing financial responsibilities.

Unexpected Events and Long-Term Planning

Planning for unexpected events and long-term financial goals is crucial for unmarried couples. Unlike married couples, they do not have the same legal rights to make medical decisions or financially support each other in case of incapacitation. Therefore, establishing a health care directive and durable power of attorney is essential. Additionally, unmarried couples should consider estate planning, including writing a will and setting beneficiary designations, especially if they want their partner to inherit their assets.

Tax Implications

Unmarried couples should be mindful of tax implications, such as gift taxes when transferring assets or retitling individually owned assets to include their partner. They are also taxed separately and do not have access to the same tax benefits as married couples, such as the ability to file jointly or claim certain allowances.

Social Security and Retirement Benefits

Unmarried couples do not have access to the same Social Security and retirement benefits as married couples. For example, spouses may be entitled to monthly Social Security survivor benefits, while unmarried partners do not have this option. Similarly, retirement investments like 401(k)s typically go to the surviving spouse, but unmarried partners need to explicitly name a beneficiary to ensure their desired recipient receives these funds.

Divorce and separation

Married couples may separate as an initial step in the divorce process or to gain perspective on the marriage and determine whether divorce is warranted. Other couples may separate as an alternative to divorce for economic or religious reasons, for tax purposes, or to ensure continuing retirement and/or health insurance benefits for both spouses. A separation can be initiated informally, or there can be a legal separation with a formal separation agreement filed with the court.

There are three basic types of separation: trial, permanent, and legal. With all three types, the couple is still legally married.

A trial separation is often makeshift and provisional. It is a good idea to work out an agreement about how to handle finances, living arrangements, and other matters. For example, a trial separation agreement might address whether the couple will continue to share a joint bank account or credit cards, how they will handle expenses and budgeting, who will stay in the family home, and if there are children, how and when each of them will spend time with them.

A separation is generally considered permanent when at least one spouse has clearly decided that getting back together is not an option. Depending on where one lives, a permanent separation might affect property rights. In some states, for example, assets and debts that spouses acquire after they've permanently separated are considered separate property.

A legal separation requires going through formal steps with the court, including meeting certain requirements, filing legal papers, and getting final court orders. In states that allow it, legal separation is like divorce in some ways and different in others. The procedures and rules for legal separation are generally the same as when filing for divorce in a particular state. However, a few state laws have different residency requirements or different legally accepted reasons (grounds) for legal separation than for divorce. The most important difference is that even after a legal separation, the couple is still legally married and therefore not allowed to remarry.

Separations can be informal or formal. An informal separation doesn't involve the courts; the couple chooses to live apart while working on divorce proceedings. A formal separation, also called a legal separation, is approved by the courts and can affect marital property and taxes.

While there is no legal definition of living together, it generally means to live together as a couple without being married. Couples who live together are sometimes called common-law partners.

In the case of a common-law marriage, a couple generally has to satisfy these requirements: be eligible to be married and cohabitate in one of the places that recognize common-law marriage, intend to be married, and hold themselves out in public as a married couple. In other words, a couple who lives together, agrees to be married, and tells family and friends they are, is considered to be in a common-law marriage.

Divorce

A divorce formally severs the ties between a couple. When a couple is separated, they need only get back together and ask the court to revoke the separation decree to end the separation. They don't need to remarry as they would if they were divorced.

Divorce laws in some states require couples to live apart for a certain period of time before a divorce. The details of these requirements vary. In some states, the couple must be separated for a certain period before filing for divorce, while in others, the judge won't issue the final divorce decree until they have lived separately for a period of time.

Separation Agreement

When a couple separates, it is a good idea to create a separation agreement that outlines key details about the separation. Think of it as a contract between the spouses about the terms of the separation. The separation agreement will also outline who pays the bills and with what money those bills will be paid. It is up to the parties to decide if marital funds will be used for bills. The separation agreement lists bank accounts and credit cards, identifying which, if any, will be shared.

One of the most important elements of the separation agreement is the custody section, which names the minor children the couple shares and outlines a physical custody schedule. It states whether legal custody remains shared and defines a child support amount for the duration of the separation.

The history of common-law marriage

The concept of common-law marriage, also known as non-ceremonial marriage, informal marriage, or de facto marriage, refers to a marriage that results from a mutual agreement between two parties to consider themselves married, followed by cohabitation, rather than a formal ceremony or registration. The phrase "common law" originates from England and refers to marriages that were valid under English law without a ceremony.

In the colonial era, common-law marriages were recognised in the American colonies, which were exempt from Acts of Parliament that applied to England. This changed in England with the Clandestine Marriages Act of 1753, which ended common-law marriages and required subjects to be married by the Church of England. However, this did not apply to the colonies, and common-law marriages survived in colonial America.

In the US, common-law marriages were historically a matter of convenience, as it was challenging to find someone qualified to perform a marriage ceremony, and there was a stigma associated with having children out of wedlock. Over time, however, most states have abolished common-law marriage due to the legal complexities it can create, especially regarding property and inheritance. As of 2020, only eight states in the US recognise common-law marriage: Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, and Utah, as well as Washington, D.C.

While the specifics vary, common-law marriages generally require both parties to be eligible to marry, to cohabitate, to have a mutual agreement to be married, and to hold themselves out to be married in the eyes of the community.

Frequently asked questions