A common law spouse is someone in a de facto marriage that may not have access to the same rights and responsibilities as a legally recognized spouse. They may not have the legal right to make medical decisions for each other or inherit assets automatically. Common law marriages are not recognized in all jurisdictions and are often characterized by a lack of formal record of a civil or religious ceremony. Couples can achieve common law status by cohabiting for a specified period of time, and divorce may require a civil divorce even if no ceremony was held.
A common law spouse is an individual who is involved in a common law marriage. Not all jurisdictions recognize the validity of a common law marriage, which creates a situation where a spouse in this type of relationship may or may not have access to the rights and responsibilities afforded to a spouse who entered into a legally recognized marriage contract . This means that partners in such a de facto marriage do not necessarily have the legal right to make medical decisions for each other, and the assets of a deceased cohabiting spouse may not automatically be assigned to the surviving spouse.
There are several characteristics associated with the status of a common law spouse. First, there is no formal record of a civil or religious marriage ceremony held by any government authority. Often the legal status of the spouse is similar to that of a single person, which means that there is no possibility of filing joint tax returns. Since informal marriages of this type have no legal standing in many jurisdictions, the rights and privileges afforded to couples married in a legal ceremony are usually not extended to their common law spouse.
In jurisdictions that recognize marriages of this type, the common law spouse can achieve that status by cohabiting with their partner for a specified period of time. For example, local law may recognize common law marriage if the couple has shared a home for a period of one calendar year. Assuming both parties are old enough to marry without parental or caregiver consent, and as long as neither party is in a legally binding marriage, there is usually no requirement other than this period of cohabitation .
In some places in the world, a couple can enter a common law matrimonial situation simply by appearing as a married couple in a public setting. This is known as marriage by habit and reputation. A common-law spouse may choose to take the other spouse’s last name and use that name for legal documents or various types of transactions. The couple can choose to book the holidays, identifying themselves as a married couple. Sometimes, these actions have to be repeated for a period of time before the jurisdiction recognizes the existence of a common law marriage, while in others, just one episode is sufficient to obtain common law spouse status.
Divorce can present some problems for the common law spouse. If the informal marriage is recognized in the local jurisdiction, the relationship is considered legally binding. This means that both spouses must go through the process of obtaining a civil divorce, even if a civil ceremony was never held to solemnize the marriage.
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