Sexpert Q & A: Defining Common-Law Marriages
Dear Yvonne,
You had an article on cohabitation and it mentioned that some states have common-law marriages. Which states recognize them and what are the major benefits of such domestic partnerships?
-Bart
Dear Bart,
Common-law “marriage” is recognized in these states: Alabama, Colorado, Washington, DC, Georgia, Idaho, Iowa, Kansas, Montana, New Hampshire, Ohio, Oklahoma, Pennsylvania, Rhode Island, South Carolina, Texas and Utah.
In such partnerships, assets may be mutually owned, which means that if a couple splits up, they may have to fight for money, for example, trust funds, a 401(k), or savings accounts.
Among the benefits of a domestic partnership are:
- Health, dental and vision insurance
- Sick and bereavement leave
- Death benefits
- Accident and life insurance
- Parental leave
- Housing rights and tuition reduction
- Use of recreational facilities
If you’re considering a domestic partnership/common-law “marriage,” it would be wise to read up on the latest laws in your state before taking this big step.
Dr. Yvonne Kristín Fulbright is a sex educator, relationship expert, columnist and founder of Sexuality Source Inc. She is the author of several books including, “Touch Me There! A Hands-On Guide to Your Orgasmic Hot Spots.”
Tags: Common law marriages, domestic partnership, Dr. Yvonne Fulbright, health insurance, law, life insurance, sex
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The law in PA has changed in the last couple of years and no longer is PA a common law marriage state.
I would like to say I enjoyed your article,it dosent hurt that you are a beautiful women either.You have a certain strong,sensual,seductiveness,thats a big turn on.I look forward to reading more of your articles.
Why are some women more apt to join in with “dirty talk” early in a relationship and others will drop you quick or become more tentative around you once you have “tested the dirty talk waters”?
Just an FYI, some of those state are provisional with Common Law agreements. GA abolished common law in 1997. But if you were already in agreement before that date the “marriage” stands. Any after that time will not be recognized.
Dear Dr. Yvonne Fulbright,
Common law marriage was abolished in Pennsylvania beginning after January 1, 2005.
Google it!
I think people should consider the fact that our society is very mobile and we may not always live in the state where you are considered married by common-law. Other states do not recognize a common-law marriage from another state, so it can be tricky in a divorce situation working out property settlement/custody issues in a state that does not recognize a common law marriage.
Ga doesn’t recognize common law marriage unless it was entered into before 1997
GA does not recognize commonllaw marriage unless it was entered into prior to 1997
As of Jan, 1997, common law marriage in Georgia is no longer allowed.
Idaho no longer recognizes common law marraiges as of 1996.
Dear Dr. Yvonne Fulbright,
In Kansas, KSA 23-101 defines marriage as a civil contract between two parties who are of the opposite sex. Based on this law, the Department of Insurance has determined that it cannot allow “common law marriage partners,” “domestic partners” or “civil union” partners (be they be same or opposite sex partners) parity with married couples, even if such partnerships/unions are recognized by other states. Accordingly, parity with a legal spouse for insurance coverage is not permitted in Kansas.
Does any one know what the laws are for mississippi. I am trying to get on my fiancee’s insurance and I really can’t find out any information.
What about Mississippi does any one know anything about that?
Ohio no longer recognizes common-law marriages as of 1998? They did grandfather the law for those that were considered common-law married, but as of a specific date, it was no longer recognized. I’m sorry. I don’t remember the exact date that the law went into effect.
On a side note, Yvonne, I love your column! Keep up the wonderful work!
it’s worth noting that in new york, government agencies will try to label you married if you’re living with someone of the opposite sex in a relationship. I know, they tried with me & my (then) girlfriend (we’re now married) to get us to say we’re married legally.
What does Parity mean??