Common Law Marriage Same-Sex Marriage

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 -
News & Analysis as of

Domestic Partnership Agreements: Support upon Termination of the Relationship

This is the fourth installment of a seven-part series. Florida law generally provides, when there is no premarital agreement, a marrying person’s right to alimony depends on the person’s need for alimony and the other...more

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

FMLA Leave For Same-Sex Couples To Be Clarified by Supreme Court's DOMA Decision?

This past Friday, the United States Supreme Court announced that it would consider whether the Defense of Marriage Act (DOMA) unlawfully denies benefits to gay and lesbian couples who are married in states that allow such...more

A Trend Toward State Recognition of Same-Sex Civil Unions

On July 2, 2011, Rhode Island Governor Lincoln Chafee signed legislation that allows same-sex couples to form civil unions effective as of July 1, 2011. The law comes just days after New York passed legislation legalizing...more

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