Arizona, like many states, once recognized common-law marriages. However, Arizona no longer recognizes common-law marriages formed after January 1, 1991. This means that if you entered into a relationship believing you were married without a formal ceremony or marriage license after this date, you are not legally considered married in Arizona. This article will clarify the nuances of this issue, addressing common questions and misconceptions.
What is Common-Law Marriage?
Common-law marriage, also known as informal marriage, is a legal union formed without a formal marriage ceremony or license. It's based on the principle that a couple who live together, present themselves as married, and intend to be married can be legally recognized as spouses, even without the official paperwork. The requirements vary significantly from state to state, with some states no longer recognizing common-law marriages at all.
Does Arizona Recognize Common-Law Marriages?
No, Arizona does not recognize common-law marriages formed after January 1, 1991. While the state previously recognized such unions, legislation changed the law, ending the ability to create new common-law marriages. This means that any relationship started after this date, regardless of how long the couple lived together or how they presented themselves, will not be legally considered a marriage under Arizona law.
What if I Was in a Common-Law Marriage Before January 1, 1991?
If your common-law marriage began before January 1, 1991, Arizona may still recognize your union. However, proving the existence of a common-law marriage from that era can be complex and often requires substantial evidence. This typically includes demonstrating:
- Cohabitation: Living together for an extended period.
- Representation to the public: Presenting yourselves as husband and wife to friends, family, and the community.
- Mutual intent to marry: Clear evidence that both parties intended to be married.
This evidence may include, but is not limited to, witness testimonies, joint bank accounts, tax returns filed jointly, insurance documents listing the other person as a spouse, and other documents demonstrating the couple's representation of their marital status.
What About Property Division After a Relationship Ending in Arizona?
The termination of a relationship, whether it was a formal marriage or a purported common-law marriage after January 1, 1991, will be handled under Arizona's laws regarding unmarried cohabitation. This typically means that property division will be determined based on the ownership established during the relationship, rather than the principles of marital property distribution. Each party retains their own property and assets, unless a specific agreement regarding property ownership exists. This highlights the critical importance of having a comprehensive cohabitation agreement in place if you are in a committed relationship but not formally married.
How Do I Legally Protect Myself in an Unmarried Relationship in Arizona?
To protect your rights and assets in an unmarried relationship in Arizona, consider the following:
- Cohabitation Agreement: A legally binding agreement specifying the division of property, responsibilities, and financial arrangements during the relationship and upon its termination. This agreement should be carefully drafted by an experienced attorney.
- Wills and Trusts: Ensure your will and trusts accurately reflect your wishes regarding the distribution of assets in the event of death. This is especially crucial in unmarried relationships.
Can I Still Claim Spousal Benefits if I Was in a Common-Law Marriage Before 1991?
The recognition of a common-law marriage before 1991 for the purpose of spousal benefits, such as Social Security or veterans benefits, depends on the specific requirements of the benefit program. It may still be possible, but it requires documentation and a determination by the relevant agency.
This information is for educational purposes only and should not be considered legal advice. For specific guidance on your situation, you should consult with a qualified Arizona family law attorney. They can assess your specific circumstances and help you understand your rights and options.
