How do I find out if I’m common law married?
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How do I find out if I’m common law married?
A few years ago my partner and I filed an affidavit of common law so he could be
a dependent of mine under my insurance. We had an ugly break up a couple years
later and I remember filing a paper with my work’s benefit department stating he
was no longer my dependent and he was removed from my insurance. Since then I’ve
gotten a new job. I want to make sure we are no longer common law so I don’t run
into future issues regarding him/ this.
Asked on October 26, 2018 under Family Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The following answer is based on Colorado, since that's the state you specified; we will assume that you were in CO when you filed your "affidavit of common law." If you were not in CO, re-ask your question with the state you were in at the time, since the laws on common law marriage vary by state.
CO does recognize common law marriage. If you both agreed to live as husband and wife and open held yourself out to others as husband and wife--as filing the affidavit would do--you are indeed common law married. Common law marriage is like any other marriage, other than the fact that it is formed without a marriage licene or formal ceremony. That means that you are married until you divorce. So once you enter into a common law marriage--as you apparently did--you must divorce like any other married couple in other to not be married. You are and will be married until you divorce.
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