How Many Years Is Common Law Marriage in Kentucky?

Common law marriage refers to a legal relationship between two individuals who have lived together and presented themselves as a married couple without obtaining a marriage license or participating in a formal marriage ceremony. While common law marriage is not recognized in all states, it is important to understand the laws surrounding it in Kentucky.

In Kentucky, common law marriage is not recognized or established by a specific number of years. The state abolished common law marriage in 1998, meaning that couples who have been living together for any length of time are not considered legally married. However, Kentucky does recognize common law marriages that were established before 1998.

Here are nine frequently asked questions regarding common law marriage in Kentucky, along with their answers:

1. Can I establish a common law marriage in Kentucky today?
No, Kentucky does not recognize or establish common law marriages after 1998.

2. What if I was in a common law marriage before 1998?
If you were in a valid common law marriage in Kentucky before 1998, the state recognizes it as a legal marriage.

3. How do I prove that my common law marriage was established before 1998?
To prove a common law marriage, you may need to provide evidence such as joint bank accounts, shared property, and testimonies from friends and family who knew you as a married couple.

4. If my common law marriage was established before 1998, do I need to get a marriage license?
No, if your common law marriage was established before 1998, you do not need to obtain a marriage license as it is already considered legally valid.

5. Can I receive spousal support if I was in a common law marriage before 1998?
Yes, if you were in a valid common law marriage before 1998, you may be eligible for spousal support in the event of a separation or divorce.

6. Can I inherit property from my common law spouse if we were in a pre-1998 common law marriage?
Yes, if you were in a valid common law marriage before 1998, you may have the right to inherit property from your common law spouse.

7. Can I file taxes jointly with my common law spouse in Kentucky?
No, as common law marriage is not recognized in Kentucky after 1998, you cannot file taxes jointly with your common law spouse.

8. Can I claim Social Security benefits based on my common law spouse’s earnings?
If you were in a valid common law marriage before 1998, you may be eligible to claim Social Security benefits based on your common law spouse’s earnings.

9. Can I establish a common law marriage in another state and have it recognized in Kentucky?
No, Kentucky does not recognize common law marriages established in other states. Therefore, even if you establish a common law marriage in another state, it will not be recognized in Kentucky.

It is important to be aware of the laws surrounding common law marriage in Kentucky, especially if you are considering living together as a couple. While common law marriage is no longer recognized after 1998, those who were in valid common law marriages before that date are still entitled to certain legal rights and protections.