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Civil Union / Common Law

How do Civil Unions differ from Common Law Marriages?

Common-law marriage (sometimes called de facto marriage, informal marriage or marriage by habit and repute) is legally valid in some counties or states as a marriage, even though no state-sanctioned marriage ceremony took place, no martial contract has been executed and no marriage license has been recorded. It occurs when two persons live together as husband and wife long enough to be considered husband and wife; the definition of “long enough” varies widely between jurisdictions, from several months to several years. It can be recognized as a legal agreement in eleven states, but completely disregarded in thirty-nine others.

In all states but Texas, there is no such thing as “common law divorce.” Couples can be legally deemed as married by the state based on living together as man and wife, but it is very difficult for these same couples to then be legally deemed as divorced by the same state. Texas allows for a common law marriage to be annulled, based on certain requirements.

In all fifty states, currently there is no legally recognized common law marriage for same-sex couples; this paradigm exists only for heterosexual couples.

Couples living together as man and wife but who are not legally married often hear the term “common law marriage” for the first time when one of them applies for federal or state benefits as a single person. The agency administering benefits may classify that person as married under common law, based on the history of cohabitation.

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