News & Analysis as of

Common Law Marriage Family and Medical Leave Act (FMLA) Spouses

Common Law Marriage is an arrangement where non-married persons are treated as married persons under the law. The arrangement has been abolished in the vast majority of U.S. states; currently, only nine states... more +
Common Law Marriage is an arrangement where non-married persons are treated as married persons under the law. The arrangement has been abolished in the vast majority of U.S. states; currently, only nine states allow common law marriage: Alabama, Colorado, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas and Utah. A handful of other states will recognize common law marriages if they existed prior to a particular cutoff date. While exact requirements vary according to jurisdiction, the typical requirements of a common law marriage are: 1) Agreement to be married 2) Cohabitation 3) Holding oneself out as married. less -
McAfee & Taft

So… are they married or not? - Gavel to Gavel

McAfee & Taft on

Oklahoma remains one of about only a dozen states that recognize common law marriages. Despite the Legislature’s sporadic attempts to effectively abolish such marriages, the Oklahoma Supreme Court has recently determined in...more

Fisher Phillips

South Carolina Abolishes Common-Law Marriage: The Impact On Workplace Law

Fisher Phillips on

The South Carolina Supreme Court just ruled that the state will no longer recognize common-law marriages. This decision will have a direct impact on South Carolina workplace law, requiring many employers to adjust their...more

Jackson Lewis P.C.

Employers Beware: SC Abolishes Common-Law Marriage

Jackson Lewis P.C. on

On July 24, 2019, South Carolina joined the ranks of Alabama, Pennsylvania, and others in abolishing future recognition of common law marriages in the state. The state will continue to recognize all common law marriages in...more

Proskauer - Law and the Workplace

DOL Issues Final Rule Redefining “Spouse” Under FMLA

Last Wednesday the Department of Labor (DOL) issued its Final Rule revising the definition of “spouse” under the Family and Medical Leave Act....more

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