Common-law marriage can be a confusing topic. It refers to a relationship in which a couple is considered married without a formal ceremony or license. While some states still allow this, recognition varies across the U.S.
If you or a loved one are cohabiting in Illinois, understanding how the state handles these relationships is essential, especially for protecting assets and planning for Medicaid eligibility.
At Woods & Bates, P.C., we offer guidance on family law matters affecting your future. Whether planning for retirement, protecting assets, or handling real estate concerns, our firm provides personalized support.
Does Illinois Recognize Common-Law Marriage?
The short answer is no. Illinois does not recognize common-law marriages established within the state. This means that living together for years—even decades—does not create a legally recognized marriage in Illinois.
Illinois law explicitly prohibits the formation of common-law marriages. The state requires couples to obtain a marriage license and participate in a formal ceremony to be considered legally married.
This legal framework aims to avoid ambiguity about marital status, which can lead to disputes over property, inheritance, and other rights.
Cohabitation, no matter how long it takes place, does not grant legal rights equivalent to those of married couples in Illinois.
Out-of-State Common-Law Marriages in Illinois
While Illinois doesn’t allow the creation of common-law marriages, it does recognize those legally established in other states.
For example, if you entered into a common-law marriage in Texas, a state that permits such unions, Illinois will generally honor that relationship as legally valid.
Requirements for Recognition
To have your out-of-state common-law marriage recognized in Illinois, you need to demonstrate that:
- The state where the marriage was established legally recognizes common-law unions.
- You and your partner met all legal requirements for a common-law marriage in that state.
- The marriage has not been dissolved through divorce or annulment in any jurisdiction.
States That Recognize Common Law Marriages
Currently, only a handful of states still allow common-law marriages, including:
- Colorado
- Iowa
- Kansas
- Montana
- New Hampshire
- Oklahoma
- Rhode Island
- South Carolina
- Texas
- Utah
If your common-law marriage was formed in one of these states, Illinois may recognize it as valid.
Legal Consequences of Not Being Legally Married in Illinois
For couples who aren’t legally married, Illinois law doesn’t provide the same rights and protections that it offers to married couples. This can have far-reaching implications, particularly for seniors looking to secure their assets.
Property Rights
Unmarried couples in Illinois do not automatically have rights to each other’s property. If the relationship ends, assets acquired during it are not divided under marital property laws.
Similarly, inheritance rights are not automatic. To ensure your wishes are honored, careful estate planning is essential. Tools like wills and trusts can help protect your partner and your legacy.
Spousal Support and Alimony
Illinois law doesn’t provide for spousal support between unmarried partners. If your relationship ends, you won’t have the same financial protections available to married individuals.
Addressing this through proactive planning—such as cohabitation agreements—can help avoid financial hardship.
Child Custody and Support
When children are involved, legal processes like establishing paternity become critical. Without legal recognition of the relationship, determining custody, visitation, and support depends on proving parental rights.
This process is often more complex for unmarried couples.
Divorce
Since unmarried couples aren’t recognized under Illinois marriage laws, there is no formal divorce process. Ending the relationship may require separate legal agreements to address property division, custody, and other concerns.
Alternatives for Unmarried Couples in Illinois
If you and your partner are not married, there are still ways to protect your interests and establish legal safeguards.
Civil Marriage
One of the most effective ways to ensure legal protection is through a civil marriage. By obtaining a marriage license and having a formal ceremony, you secure the full range of rights and benefits afforded to married couples in Illinois.
Cohabitation Agreements
A cohabitation agreement can be a powerful tool for unmarried couples. This legally binding document outlines the rights and responsibilities of each partner, covering areas like:
- Property ownership and division
- Financial contributions and support
- Decision-making for major life events
- Inheritance and estate planning
Working with a family law attorney to draft a comprehensive agreement ensures that your interests are protected and reduces the likelihood of future disputes.
Protect Your Rights with Help from Woods & Bates, P.C.
Understanding Illinois laws on common-law marriage is just one step in protecting your assets and planning for the future. If you have questions about cohabitation, marriage, or estate planning, Woods & Bates, P.C. is here to help.
We offer personalized legal guidance to address your unique situation and provide both virtual and in-person consultations for your convenience.
Call us today at (217) 735-1234 to discuss your legal options.