Maine Common Law Marriage

What Is Common-Law Marriage in Maine?

A common-law marriage occurs when a couple lives together for a while and presents themselves as "married" to their friends, family, and community without having a formal ceremony or getting a marriage certificate. Common-law marriages have been lawful in the United States since 1877 and are still accepted in some form or another in ten states as well as the District of Columbia.

For couples averse to the idea of traditional marriages, a common-law marriage presents a compromise. Couples get to discard the formality whilst still benefiting from the merits of formally licensed marriages. Merits such as:

Access to Records
Healthcare benefits
Tax deductions and exemptions
Jail or Prison visitation
The right to Spousal Support

In the same vein, there are also drawbacks to common-law marriages, which include;

If there is a separation, the party contesting must prove marriage existence.
Its existence is difficult to verify as there is no formal documentation proving its existence.

Marriage in Maine

In 2018, the marriage rate in Maine stood at 7.4 marriages per 1,000 residents compared to 8.4 marriages per 1,000 residents in 2013.

Does Maine Recognize Common-law Marriages?

Unlike other states that historically allowed common-law marriages before repealing such legislation, Maine has never recognized common-law marriage under the laws of the state. State laws do allow heterosexual and same-sex couples who desire to live together without obtaining a formal license the option of entering into a domestic partnership. However, in line with the Full Faith and Credit Clause of the United States Constitution, Maine upholds the validity of such unions that are formed in states where common marriage is a legal arrangement.

What is a Domestic Partnership in Maine?

A domestic partnership is a legal relationship between two individuals who live together and share a common domestic life. Under the law, registered domestic partners are accorded a legal status similar to that of a married person with respect to matters of probate, guardianships, conservatorships, inheritance, protection from abuse, and related matters. These partnerships were created to make it possible for same-sex couples to have some legal protections. In Maine, it was passed into legislation through the domestic partnership bill in 2004.

To qualify for domestic partnership, each person must be a mentally competent adult not related in a fashion that will prohibit marriage and must have been legally domiciled together in this State for at least 12 months preceding the filing. In addition, neither partner must be married or in a registered domestic partnership with another person and each domestic partner must be the sole domestic partner of the other and expects to remain so.

A registered domestic partnership is terminated by the marriage of either registered domestic partner or by filing a notice with the registry that the registered domestic partners consent to the termination. Partnerships can also be dissolved when a registered domestic partner serves a notice of intent to terminate the partnership.

Maine Common-law Marriage and Palimony

Palimony, like alimony, is the distribution of assets and property when a marriage ends without the parties having a formal marriage certificate. Depending on the economic makeup of the relationship, one of the parties may need financial assistance for a short period of time after it ends. This is done to guarantee that the financially dependent partner receives some assistance once it is obvious that separation is unavoidable.

Under current law, when the payee and another person have been in a relationship that is the functional equivalent of marriage for at least 12 months of an 18-month period, the court may terminate spousal support. The minimum duration of cohabitation required to terminate spousal support is 5 years over a period of 7 years consecutively.

What Are the Requirements for a Common-law Marriage in Maine?

Since Maine has no legislation that provides for common-law marriage, there are no state requirements for such arrangements. Nevertheless, because of the Full Faith and Credit Clause, couples who arrive from states that recognize such unions will be permitted to continue with their relationship as long as it is legally formed. The legal requirements for common-law marriage vary by state, but there are some general requirements that must be met regardless of jurisdiction. These are:

They cannot already be married to someone else, as this constitutes bigamy, a crime in the United States.
They must have attained the legal marrying age (at least 16).
They must live together and hold each other accountable.
They must not be related in a manner that will be considered incestuous in the event that they get married.
They must be free from mental disabilities, and must not be influenced by drugs or alcohol to the extent that their ability to recognize their actions is impaired.

How many years do you have to Live Together for Common-law Marriage in Maine?

In Maine, common-law marriages are not permitted regardless of the number of years the couple has lived together. The option available for resident couples who do not wish to be joined in a formal marriage is to register for a domestic partnership. A domestic partnership grants couples access to certain matrimonial rights, similar to those of formal marriages, and aids in the determination of a legal settlement in the case of death or separation.

For couples in states where common law marriage is permitted, there is usually a popular misconception that the required number of years necessary to validate a common-law marriage is seven years, but this is false. Once the parties have agreed to live together and present themselves as married in accordance with state-provided law, their common-law marriage will be regarded as official.

What is an Informal Marriage?

Essentially, an informal marriage is another term for a common-law marriage. It has the same characteristics as common-law marriage and is recognized by Maine as long as the union is properly formed. It is most often utilized in Texas. This implies that if a couple from Texas relocates to Maine, their informal marriage will be regarded as valid.

How Do You Prove common-law Marriage in Maine?

A common-law marriage will need to be shown in a variety of situations. Divorce or separation is one of these situations. In such instances, the spouse who insists on the existence of the common-law marriage must provide sufficient proof to persuade the judge.

The determination of whether the pair pretended to be married is one of the most difficult aspects of the procedure since it is unclear and totally dependent on the judge's comprehension and evaluation. Signing a common-law marriage affidavit is one approach to get around the difficulties of this requirement. This notarized document, coupled with copies of documents that substantiate these assertions, such as leases, titles to property, and jointly owned and controlled bank accounts, proves that your union is genuine.

Third-party websites provide an alternative to obtaining public vital records. These non-governmental platforms come with intuitive search tools that help simplify the process of accessing single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain public marriage records, requesters may need to provide:

The full name of both spouses ((include first, middle, and last names)
The date the marriage occurred (month, date and year)
The location where the marriage occurred (city and county)

How Do You Prove common-law Marriage in Maine After Death?

When one of the partners dies, the remaining partner must establish that there was a legitimate common-law marriage in order to receive inheritance privileges. Other survivor benefits, such as access to the deceased spouse's pension or life insurance, require tangible confirmation of the arrangement's existence before the funds may be appropriately paid. The measures outlined in the preceding section also apply in cases of death and inheritance.

Do Common-law Marriages Require a Divorce?

Like any other relationship, common-law marriages often end in separation when both parties do not intend to continue for whatever reasons. Since the union was affirmed by the law, its termination also needs to be legitimized by divorce in a court of law. However, before the court will approve a divorce, the existence of the common-law marriage needs to be proved.

In many cases, one of the parties will deny being part of a common-law marriage to escape liability that may be imposed on them. Thus, the burden of establishing the common-law marriage falls on the party insisting the union existed. A couple “holding themselves out as married” is one of the most difficult requirements of a common-law marriage to prove, because it is entirely up to the discretion of the judge to determine if they did. However, this problem can be avoided by signing and providing a common-law marriage affidavit which, alongside leases, deeds as well as documents showing jointly-owned accounts is proof that the union was valid.

Does a Common-law Wife Have Rights in Maine?

A common-law wife is entitled to some marital rights despite not having a formal marriage license. These rights mostly arise in situations where the court has to divide assets or property upon divorce or the death of a partner. However, since common-law marriage is not a recognized form of relationship in Maine, these rights are not available to residents of the state. However, if the couple relocated to Maine from a state that endorses such arrangements, then the court may administer palimony.

Can a Common-law Wife Collect Social Security in Maine?

Common-law couples are not covered by the state of Maine’s social security program. This is because the law does not make allowances for these partnerships, and invalid unions are not under the purview of state agencies. Notwithstanding, couples that live in a civil union or common-law marriage supporting state are free to request and receive social security benefits. It is important to note that before the Social Security agencies agree to give benefits to a common-law couple, they must establish that they tick all the required boxes for a valid common-law marriage. This includes documents such as rent and utility bills. Once that is proved, they have to file the necessary paperwork.

Firstly, they must submit a Statement of Marital Relationship alongside a corresponding document from a blood relative affirming the validity of the marriage. If the requesting partner is seeking survivor benefits from Social Services, they are required to provide their statement of marital relationship, one from their blood relative, as well as statements from two blood relatives from the deceased.

Are Common-law Wives Entitled to Half in Maine?

In Maine, property after a separation or divorce is not divided equally, as it is not a community property state. Instead, state divorce laws maintain that property should be shared equitably, which can be a dicey situation because it is entirely up to the presiding judge to determine a settlement that is fair and just.

The court will consider several factors before deciding who gets what. These include the length of the marriage, age differences, earning capacity of both spouses, and possible misconduct like adultery or domestic abuse.

Asides from the above, it is essential to note that before dividing assets, the court has to make a distinction between marital property and separate property. While marital property can be divided, separate property cannot. According to Maine’s statute on equitable distribution, marital property comprises assets a couple obtains during the course of the marriage, even those listed in one spouse’s name. Separate property includes assets acquired before the marriage and after separation, as well as those obtained through gifts or inheritance.

How Do You Get A Common-law Marriage Affidavit in Maine?

A common-law marriage affidavit is a notarized document attesting to the existence of such a union between two parties. This affidavit is only obtainable in states that have legal provisions in support of these unions, of which Maine is not included. Different states might have varying requirements for an affidavit to be signed, but there are some details that are always included, such as:

The partners' age at the time of marriage.
The date they made a decision to marry.
Details of any prior marriage, whether formally licensed or common-law, including wedding and divorce dates.

When Did Common-law Marriage End in Maine?

As opposed to sister states such as Alabama who prohibited them in 2017, Maine has never had any legal provisions for common-law marriage, except between 1652 and 1820, when it was still part of Massachusetts. However, not all types of informal unions are illegal in Maine, as the State makes provisions for domestic partnerships and cohabitations.

What is Considered Common-law Marriage in Maine?

Despite prohibiting common-law marriages, Maine recognizes the validity of such unions as long as they were validly constituted in a state that supports such partnerships, by virtue of the Full Faith and Credit Clause. To determine the genuineness of a common-law marriage, the laws of the state where the partners married have to be checked. As mentioned prior, the requirements vary from state to state, however, two factors are essential:

That both parties are eligible for marriage.
That both parties both intend to have a common-law marriage.

The first requirement is that both partners be of legal marriageable age, i.e. 16, that they are not married to anyone else, and that they are not related to each other because incest is illegal. The second requirement is more subjective and can be deduced from the parties' statements and actions, such as referring to the other as "husband" or "wife," as well as jointly owning property.

Is a Domestic Partnership the Same as a common-law marriage?

Common-law marriage is an arrangement where a couple lives together and holds themselves out as married despite not having a formal marriage certificate. In contrast, a domestic partnership is an unmarried couple who lives together and wishes to receive many of the same benefits as a married couple, such as health benefits. Domestic partnerships are legal in 11 states, but how they are recognized in each state is determined by local law and regulations. Each state has the authority to define what constitutes a marriage and what constitutes a partnership.

Does the Federal Government Recognize Maine Common-law Marriages?

In 2021, only seven states (Colorado, Kansas, Iowa, Montana, New Hampshire, Texas, Utah), and the District of Columbia completely recognize common-law marriage as a valid union. However, in places like Alabama, Georgia, Idaho, Pennsylvania, South Carolina, Ohio, and Oklahoma, common-law marriages are recognized as valid, only if they occurred before a certain date. Each of these jurisdictions has its own rules regarding common-law marriages. Some states have specific statutes, while others use public policy and law to determine validity.

The federal government recognizes common-law marriages formed in states where such marriages are legal and uses the marriage records in these states for several documentary purposes like income tax collation, and immigration issues, like obtaining permanent residency.