Tag Archives: COMMON LAW MARRIAGE

If we have children can we be considered common law married in PA?

Q: We own a home together and have been on each other’s health and life insurance policies. His friends and coworkers believe we are married, as I wear a ring and he refers to me in public “as his wife”. We never got married because I was married previously and had to pay my loser ex-husband spousal support, as he made less money than I. I didn’t want to get stuck in the same boat again. (Pittsburgh, PA)

A: Common law marriage was abolished on January 2, 2005 in PA. However, if you were in such a domestic relationship before this date, you can establish a common law marriage in court, depending on the facts. You would have the burden of proof and it is very difficult to do. You may want to propose to him and get it over with.