Michigan does not recognise common law marriages established within the state. (Michigan Common Law Marriage, n.d.) However, it does recognise valid common law marriages from other jurisdictions. (Common Law Marriage in Michigan: Yes or No?, n.d.)
What is a common law marriage?
A common law marriage is formed when a couple agrees to be married, lives together, and presents themselves as married. Living together does not automatically create a common law marriage. Historically, it has been considered a fundamental right in the United States.
How does it affect taxes and benefits?
- Income Taxes: For federal tax purposes, a common law marriage is recognised if it is valid in the state where the couple resides. (Internal Revenue Service, n.d.) If a couple with a valid common-law marriage moves to Michigan, they remain legally married for federal tax purposes. (Common Law Marriage in Michigan: Yes or No?, 2023)
- Family Medical Leave Act (FMLA): In 2015, the U.S. Department of Labour extended FMLA leave rights to eligible employees in common law marriages, provided the marriage was established in a state that recognises such unions, regardless of the employee’s current location. (New DOL Rule Broadens FMLA Definition of "Spouse", 2015)
Common Law Marriage in Michigan
Michigan recognised common law marriages until 1957, when the practice was abolished by statute. (PR 05605.025 - Michigan - 05/07/2004, 2004) Today, couples must obtain a marriage license and a certificate of marriage to be legally married in Michigan.
What do Michigan courts say?
In 1999, the Michigan Supreme Court ruled in the case Van v. Zahorik that relationships outside of legal marriage do not grant property rights (Van v. Zahorik, 1999) or parental rights. The case involved Scott Van and Mary Zahorik, who lived together from 1986 to 1991. After separating, they disputed custody of the two children. A blood test showed Scott was not the biological father, but he sought parental rights as an "equitable parent." The court objected to his claim, stating that extending legal doctrines rooted in marriage to unmarried individuals would undermine the institution of marriage. This decision confirmed that Michigan does not grant marital rights to unmarried couples who cohabit.
Recognition of Out-of-State Common Law Marriages
Michigan recognises common law marriages validly established in states that allow them, based on the "full faith and credit" clause of the U.S. Constitution. (Michigan Common Law Marriage | StateRecords.org, n.d.)
States that currently allow common law marriages include:
- Colorado
- Iowa
- Kansas
- Montana
- New Hampshire (for inheritance purposes only)
- Oklahoma
- Rhode Island
- South Carolina
- Texas
- Utah
- Washington, D.C.
For a Michigan court to recognise an out-of-state common law marriage, Michigan courts consider factors such as whether the jurisdiction that recognises common law marriage.
- Does that state have precise requirements for establishing a common law marriage?
- Can the date the common law marriage began be clearly determined?
Having signed documents, such as durable powers of attorney naming each other as agents, can help establish the timeline of the relationship. Estate planning and cohabitation?
- Estate Planning: Common law marriage can affect estate planning. For example, some trusts name a beneficiary's spouse as a contingent beneficiary. If the beneficiary lives with a partner in a common-law marriage state, that partner could unintentionally become a successor beneficiary. To prevent this, trust documents can define "spouse" as someone who is legally married and explicitly exclude common-law marriages.
- Cohabitation Agreements: Because living together does not grant special rights in Michigan, unmarried couples should consider a cohabitation agreement. This contract outlines the division of assets and debts in the event the relationship ends. Without a legal marriage or a similar agreement, individuals cannot use Michigan's divorce laws to divide property or seek financial support.
Summary of Changes
- Structure and Readability: The text was reorganised with clear headings and subheadings (e.g., "What is a common law marriage?", "Common Law Marriage in Michigan") to improve flow and make it easier to scan for specific information.
- Simplified Language: Legal jargon was simplified for a broader audience. For example, "taking a doctrine rooted in marriage and extending it to persons who were never married would have repercussions on the institution of marriage" was explained in the context of the court case's outcome.
- Use of Bullet Points: Key information, such as the list of states that recognise common law marriage and the factors Michigan courts consider, was put into bulleted lists for clarity.
- Concise Introduction and Conclusion: The introductory "Take-Away" and the final "Conclusion" were rephrased into a more direct question-and-answer format and a clear summary of advice for unmarried couples.
- Clarification of Legal Cases: The explanation of the Van v. Zahorik case was simplified to focus on the key facts and the court's final ruling, making the legal precedent easier to understand.