Understanding Common Law Marriage in the U.S.
You may have heard the term “common law marriage.” It refers to a relationship where two adults cohabit long enough to be legally recognized as married. The U.S. Supreme Court held as early as 1877 that a such a marriage is not invalid as long as it is recognized by the individual state in which the couple resides. [1] Does that mean a divorce lawyer might be necessary to end such a relationship when the parties reside in Massachusetts? It all depends on the facts of their case.
Massachusetts’ Stance on Common Law Marriage
Massachusetts, however, has long held that a common law marriage cannot ripen into a legal marriage between two people. Back in the 1892 case of Peck v. Peck, the Supreme Judicial Court considered a petition for divorce between a couple who claimed to have a marriage contract signed in Oregon, which the couple claimed “recognizes an agreement to live together, ‘so long as mutual affection shall exist,’ as a marriage contract.” The Court disagreed and held that because there was no evidence that any of the states in which the parties lived actually recognized them as married, there was no reason for the Massachusetts courts to do so either. [2]
Cohabitation and Legal Marriage Recognition in Massachusetts
In a recent case, the Supreme Judicial Court reaffirmed that marriage is not recognized in Massachusetts without meeting formal requirements. “Cohabitation in Massachusetts does not create the relationship of husband and wife in the absence of a formal solemnization of marriage. We have not permitted the incidents of the marital relationship to attach to an arrangement of cohabitation without marriage.”[3]
Massachusetts courts will recognize cohabiting relationships as marriages if legally recognized in common law states; this is important to note. In other words, if a couple is considered to be in a legally binding marriage in Pennsylvania, and later seeks a divorce in Massachusetts, the Massachusetts court will recognize the marriage as valid. [4] That’s usually surprising for at least one of the spouses and an interesting issue for the divorce lawyers.
Impact of Common Law Marriage on Legal Claims
In another line of cases, the Massachusetts courts have reviewed whether a person who is cohabiting with the plaintiff of a personal injury claim may be entitled to damages which affect the rights of the purported “common law spouse.” Specifically, the issue of loss of consortium comes up, which deals with a spouse’s ability to collect damages from a defendant who injures the plaintiff spouse and causes the other spouse to lose affection, time, and enjoyment as a result. In regards to cohabiting partners, the Massachusetts courts have held that loss of consortium cannot be claimed unless the plaintiff and the claimant are legally married. [5]
If you have any questions about marriage and divorce in Massachusetts, you may schedule a free consultation with our office. Call 978-225-9030 during business hours or fill out a contact form. We will respond as soon as possible.
[1] Meister v. Moore, 96 U.S. 76 (1877).
[2] Peck v. Peck, 155 Mass. 479
[3] Collins v. Guggenheim, 417 Mass. 615, at 617-618 (1994).
[4] See Craddock’s Case, 310 Mass. 116 (1941).
[5] See, for example, Feliciano v. Rosemar Silver Co., 401 Mass. 141 (1987).