Understanding Common Law Marriage in New York State
Often times a modern lifestyle blog about frugality and living richly on a budget doesn’t blend as well as you think with legal insight, but The Budget Socialite breaks the mold. One such exploration can be found below: When it comes to understanding what constitutes a legal marriage in the United States, the answers can be quite confusing depending on where you live. For many people, interest in the subject is based around the need to be sure of whether something is legal or not and to avoid infringement on their rights. If you desire, for example, to better understand some of the finer points about what it means to enter into wedlock, you might wish to consult with specialized legal professionals.
How this can save you money in New York State
The legalities surrounding marriage and cohabitation can vary greatly from one State to the next, and you might be surprised by what some dictate and others don’t. As an example, marital law in New York State includes a prohibition on polygamy, but it does not require that you obtain a license to marry in order for your union to be recognized as having been solemnized in a legal sense. This makes common law marriage a somewhat grey area, as the State does not recognize common law marriages as being valid.
Does NY recognize common law marriage?
This leads to the first point for discussion. The Budget Socialite has discovered recently through looking into the matter of what the law says for New Yorkers when it comes to common law marriages is that this form of being joined with another person is not recognized. To put it simply, if you decided to cohabitate and live with someone without officially becoming husband and wife, the New York government does not automatically assume that you did so with the intent to become married. It does not therefore afford the two of you the benefits and privilege of being considered a lawfully wedded couple.
That means, if you wait several years to become married, for example, and decide to move in together within a year of becoming a couple, it doesn’t really matter, according to New York laws. Colloquially speaking, the two of you are simply considered to be living together, nothing more. That sounds a little bit rough for those who have chosen that route, but contrary to what you might think, there’s an upside to this situation.
As mentioned above, individual lifestyle blogs don’t always focus on the legal side of things, but what goes on with assets, children, and relationships in the event of break up or separation can be a hot topic. Perhaps there’s also an important estate to consider in the event that one of the parties should die suddenly (i.e. common-law spouse dies and leaves money to all of his/her children but common law spouse gets nothing), or perhaps there are complex tax implications. It’s ultimately best to consult a lawyer in this case, but we do suggest you also conduct valid internet research preferably with a list of credible sources. Be sure to bookmark the article for later if you missed it: comprehensive insights on common law marriage.