Perhaps you were both finishing up school and starting demanding professions. Neither want a fancy wedding, so you decide to simply hold yourself out as a married couple. In Colorado, as long as you both agree to it, are free to marry, live together at the same address and are seen in the community as a married couple, state law will generally treat you as such.
The fact that Colorado recognizes common law marriage can pose hurdles in the event of a split. The following will provide guidance, helping to outline the definition of common law marriage and how busy professionals can protect their interests while moving forward with a split.
What is common law marriage?
A common law marriage exists when two people intend to be married and hold themselves out as such. It does not require a marriage license or formal registration. Courts evaluate the conduct of the couple, not private labels. Evidence to determine if the relationship qualifies as a common law marriage often includes daily life choices that look routine for professionals who share homes, finances, children and travel schedules. The question becomes whether those choices show a mutual agreement between the two to be spouses.
The court will generally review the whole picture without focusing on a single item. The following factors often appear in court analysis:
- Using the same last name socially or professionally
- Introducing each other as spouse or husband or wife
- Filing tax returns as married
- Joint bank accounts, joint real estate, joint debts
- Naming each other as spouse on benefits or insurance
- Wearing rings, referring to marriage in messages, signing cards as spouses
The court does not require a finding of all of these factors. They are all a part of a bigger analysis.
These facts matter because a finding of marriage changes the endgame. If a common law marriage applies, in the event of a split custody and property division rules apply.
What happens when the relationship ends?
A common law marriage does not end through a breakup. It ends through divorce or death. That requirement can come as a surprise to busy couples who believe they opted out of a legal marriage by staying unofficial. As such, those in this situation who are considering a split are wise to have a basic understanding of how the law guides divorce in Colorado.
Property division is generally guided by what the court deems fair, not necessarily equal. In addition to financial holdings, it can also take contributions to the household and time taken away from work to raise the children into account. Spousal maintenance and, if children are present, child custody and support are also important matters.
These cases often turn on documentation. Professionals usually have complex compensation, equity grants, multiple accounts, multiple residences. If unable to negotiate a resolution without court intervention, absent prenuptial agreements, postnuptial agreements or cohabitation agreements state laws will control the division.
Colorado common law marriage can create marriage level consequences without marriage level planning. If a relationship qualifies as a marriage, early legal advice can help to reduce uncertainty, protect earnings and clarify parenting rights. In a separation, prompt counsel also helps preserve evidence and reduce the risk of asset dissipation.