Marriage is a legally binding union between two individuals, but what happens when a couple has been living together for a long time without getting legally married? This is where the concept of common law marriage comes in. However, in New York, common law marriages are not recognized. Sharing a home, even for a long time, does not give you the same legal rights that married couples have. This can affect property ownership, inheritance determinations, and who can make decisions for you in an emergency.
You can still put strong protections in place. A cohabitation agreement can spell out who owns what and how you can secure legal protections and benefits for you and your partner. Experienced New York family law attorney Juan Luciano can provide clear next steps that fit your situation. Call Juan Luciano Divorce Lawyer at (212) 537-5859 today to schedule a consultation.
What Exactly is the Definition of a Common Law Marriage?
Many couples enjoy committed relationships without the benefit of a legal marriage. But are these relationships recognized in the state of New York as common-law marriages?
In some states, common-law marriages are legally recognized between people who have formed committed relationships but have not gone through the formality of a marriage license and ceremony. While common-law marriages are legally recognized in a few states, the state of New York is not one of them.
Even in common law states, however, those who have lived together for many years, even if they share children and have decided to share a surname, are not legally recognized as “married” under common law unless they have met certain requirements. In most cases, a marriage is considered a legal common law marriage only if both partners agree to and behave as if they are married. In those states where it is legal, if the requirements of a common-law marriage have been fulfilled, the state affords you all or most of the same legal rights as those who are married.
New York eliminated common-law marriages in 1933. In the case where you have lived in a common-law state and have moved to the state of New York, your marriage will be recognized as legal here. But you first must have formed a common-law marriage under the former state’s laws to be recognized in New York.
Protecting Your Rights Without Marriage
Common-law marriages are not legally recognized in New York. If you live together with a partner without marrying, you still have strong ways to protect yourself and your property. Start with a written cohabitation agreement. It can cover who owns what, how bills get paid, what happens to the home if you separate, and how to handle big purchases. Courts in New York can enforce clear, signed agreements between unmarried partners.
For domestic partnerships in New York, registration can facilitate hospital visitation, access to some employer or insurance benefits, and housing rights. While not equivalent to marital rights in a marriage, a domestic partnership agreement can help bridge genuine gaps. The title can be taken as joint tenants with right of survivorship, which allows the property to pass directly to the survivor. Keep proof of each person’s contributions, and consider a separate agreement for equity and buyouts.
You can also put additional legal safeguards in place to protect you and your partner in an emergency. Establishing and signing a health care proxy, HIPAA release, and durable power of attorney allows you and your partner to make medical and financial decisions on behalf of each other if either one of you is incapacitated. Updating your beneficiaries on life insurance, retirement accounts, and payable-on-death bank accounts allows financial institutions to have a better view of who should receive your assets and allows you to determine specific beneficiaries.
Additionally, drafting a will and exploring the options afforded by an estate plan can widen your horizon when it comes to protecting your and your partner’s interests. Without an estate plan and without the rights afforded by a marriage, your partner may receive nothing under New York’s intestacy rules.
If you and your partner share children, it is beneficial to explore your options when it comes to strengthening your parental claims and rights. In the event that you and your partner part ways, an agreement can also provide clarity when it comes to child support and custody. These can involve acknowledgment of parentage or adoption to secure legal ties.
Protecting your and your partner’s rights involves a careful consideration of your options. Working with a skilled attorney can help you establish legal protections that support your goals and your lifestyle.
What is Required to Be Legally Married in New York?
In the state of New York, there are specific requirements that must be met in order for you to become legally married. You must
- Be 18 years of age or older. New York prohibits marriage under 18 with no exceptions.
- You are not married to another individual.
- You have proven your identity with the proper documentation.
- You are not marrying a close relative.
- You have obtained a marriage license and observed the 24-hour waiting period; a court may waive this waiting period by order.
A legal marriage in New York must be made official by some type of ceremony involving clergy or a civil official. Both spouses will then sign a contract of marriage, which is a legally binding agreement.
Divorce From Common Law Marriage
If a couple is not legally married, New York does not recognize them as married, and they cannot get a divorce. This means they may not be able to claim spousal support, division of property, or any other rights that married couples have. However, child custody and support are handled the same, whether the couple is married or unmarried. The only difference is that child custody and support are handled in the New York Family Court instead of the New York Supreme Court as part of a divorce.
When a couple is unmarried, parentage can be established by an Acknowledgment of Parentage or by a prior adoption decree; if disputed, a court can determine parentage. If there is disagreement about paternity, a petition must be filed to request a legal determination. Parties may use mediation or (for some financial issues) arbitration, and may stipulate to a court-appointed referee in limited situations (CPLR § 4317). Custody/visitation and child support remain subject to court review and must serve the child’s best interests; an arbitration decision on those issues cannot replace the court’s duty to review.
Asset division in an unmarried divorce can be challenging because it can be difficult to prove who paid for certain items, whether joint funds were used, or whether one partner paid the other for their share. Jointly owned assets and debts are presumed to be held with a 50/50 ownership stake by both parties unless there is a written cohabitation agreement to the contrary. If one partner made a larger contribution to the property than the other, the distribution could be skewed based on those facts.
New York does not award “spousal support” to unmarried partners. Courts will enforce an express agreement between unmarried partners about finances, but will not imply a duty of support based solely on cohabitation (Morone v. Morone, 50 N.Y.2d 481 (1980)).
New York Family Law Attorney – Juan Luciano Divorce Lawyer
Juan Luciano
Juan Luciano, Attorney at Law, guides clients to make better decisions for their future during some of life’s most difficult moments. Recognizing the emotional toll of divorce and custody disputes, he works to minimize conflict and keep families focused on long-term stability. His philosophy is simple: negotiate in good faith whenever possible, and litigate when necessary to protect his clients’ interests.
Mr. Luciano has built a stellar reputation at the negotiating table and in the courtroom. A graduate of the State University of New York at Buffalo School of Law (J.D., 2004), he was admitted to practice in the New York Supreme Court, Appellate Division, Second Department in 2005. After years of serving counsel to family-law practitioners across New York City, he opened his solo practice in 2013 and has since dedicated his office to family law and domestic relations, such as divorce, mediation, alimony/spousal support, child custody and support, prenuptial and postnuptial agreements, paternity, and related matters. Clients trust his practical solutions, open communication, and steady focus on resolving matters quickly and amicably.
Certified by the Appellate Division, First Department to represent children and adults in family law, child protective, and juvenile delinquency matters, Mr. Luciano has also served as faculty for the Practising Law Institute and as President of the Bronx Family Court Bar Association, in addition to contributing to advisory panels and committees. His decisions and interviews have appeared in major publications, including the New York Law Journal and The Wall Street Journal. He maintains offices in Midtown and the Bronx, and he speaks Spanish fluently.
Spousal Support: Can Common Law Partners Seek Maintenance?
In New York, spousal support, often referred to as maintenance or alimony, is generally reserved for legally married couples. Common law marriages are not recognized in New York, meaning individuals in such relationships cannot seek spousal support if the relationship ends.
However, New York does acknowledge common law marriages legally formed in other states. If a couple meets the requirements of a state that permits common law marriage, New York will recognize the union and extend marital rights, including the possibility of spousal support. This recognition depends on the couple providing proof that their relationship meets the legal standards of the state where the common law marriage was established.
For couples in New York who are not legally married or in a registered domestic partnership, no legal framework exists to claim spousal support. Individuals in these situations may want to explore other legal options, such as cohabitation agreements, which outline financial responsibilities during the relationship and after a separation. These agreements can address some financial concerns, but do not equate to spousal support.
Knowing New York’s approach to common law partnerships is critical for determining financial rights in a separation. Couples must establish a legal marriage or domestic partnership to access the legal benefits, including spousal support, provided under New York law.
| Issue | Unmarried Couples | Legally Married Couples |
|---|---|---|
| Recognition of Marriage | Not recognized as married; cannot get a divorce. | Legally recognized; divorce available. |
| Spousal Support | No spousal support unless there is a written agreement. | May be awarded under divorce law. |
| Property Division | Jointly owned assets presumed 50/50; may vary based on contribution. | Divided equitably under state law. |
| Child Custody and Support | Handled in Family Court; same standards as married couples. | Handled in Supreme Court during divorce. |
| Financial Agreements | Only express written agreements are enforceable. | Governed by marital and divorce statutes. |
How Many Years Is Common Law Marriage
In New York, common-law marriage is not recognized for couples who establish their relationships within its borders. Irrespective of the duration of cohabitation or the couple’s personal belief in their marital status, New York does not grant legal recognition to common-law marriages without the presence of a valid marriage license and an official ceremony.
Unlike some states that acknowledge common-law marriages after a certain period of time, New York follows a different approach. The absence of a legal framework for common-law marriage implies that couples residing in New York must fulfill the requirements set forth by the state.
Couples in New York need to be aware of this distinction to protect their legal rights and obligations. Without a valid marriage, individuals may not be entitled to certain benefits and protections provided by the state to married couples. Examples include inheritance rights, healthcare decision-making authority, and spousal support in the event of separation or divorce.
Therefore, those considering a long-term committed relationship in New York should consult with legal professionals to understand the specific requirements and implications associated with marriage to ensure their rights are appropriately recognized and protected under the law. A skilled New York family law attorney can provide essential legal advice and support. An experienced attorney can help protect your rights, navigate complicated legal issues, and ensure that your interests are properly addressed.
What About Domestic Partnerships?
Domestic partnerships in New York are typically registered with local governments; there is no single statewide registry. Separately, certain state benefit programs recognize domestic partners based on an affidavit and documentation. Rights vary by locality and program. But it is important to note that the rights of domestic partners are not the same as those of legally married couples in New York.
Now that the state of New York legally recognizes same-sex marriages, many couples who only had the option for domestic partnerships can now be legally married.
New York Common Law Marriage Laws
Common-law marriage was eliminated by New York lawmakers decades ago. This means that you cannot create a new common-law marriage while you and your spouse live in New York. If you are a resident of a different state and meet all the criteria for common law marriage, New York might recognize you as a legal couple when you move to the state. New York recognizes valid marriages that were created in another state, even common-law marriages. New York applies a marriage-recognition rule grounded in comity: if a marriage (including a common-law marriage) is valid where contracted, New York generally recognizes it unless a strong public-policy exception applies. The Court of Appeals has applied this rule to recognize an out-of-state common-law marriage.
Therefore, New York will recognize your common-law marriage if you and your spouse spent some time in a different state where common-law marriages are valid and formed this type of union. There are different legal requirements for forming common-law marriages. To give your marriage full faith and credit in New York, you must enter into a common-law marriage in accordance with the laws of the state before New York. You can only create a new marriage by pursuing a ceremonial marriage while in New York.
When Commitment Meets Legal Reality in New York
Living together can build a life full of shared moments and responsibilities—but without a legal marriage, the law may not recognize your relationship the way you do. You and your partner deserve clarity about where you stand and how to protect what you’ve built together. A clear, written cohabitation agreement can give both of you peace of mind, defining ownership and rights before problems arise.
Speaking to an experienced New York attorney may help you gain more insight into how such an agreement can work for you and your partner. Attorney Juan Luciano provides quality legal assistance in matters related to marriage and family law. Contact us today to schedule a consultation at (212) 537-5859.
