Do Common Law Spouses Have the Same Rights as Married Couples in Pennsylvania?

Written by Anthony Piccirilli

In Pennsylvania, many couples live together and consider themselves life partners without legally marrying. This type of arrangement is often referred to as “common law marriage.” However, unlike in other states, Pennsylvania does not grant legal recognition to new common-law marriages.

If you’re in a long-term relationship and wondering whether you have the same legal rights as married couples, it’s essential to understand how Pennsylvania law applies to your situation.

Does Pennsylvania Recognize Common Law Marriage?

Pennsylvania does not recognize new common-law marriages. In 2005, the state officially abolished common-law marriages, meaning that any relationship formed after that year, no matter how long the couple has lived together, will not be legally recognized as a common-law marriage.

However, some exceptions exist for couples proving they established their common-law marriage before 2005.

Rights for Common Law Marriages Before 2005

Pennsylvania may still recognize your union if you and your partner entered a common-law marriage before 2005. For this to happen, you’ll need to provide evidence that you held yourselves out as a married couple, such as by sharing finances, using the same last name, or referring to each other as spouses. If successful, you can enjoy many of the legal rights and benefits traditionally married couples receive.

Legal Rights for Unmarried Couples in Pennsylvania

For couples who began living together after 2005, Pennsylvania law treats you as two individuals rather than a married couple, regardless of how long you’ve been together. This can impact important legal matters such as property rights, inheritance, and financial responsibilities.

Property Ownership

Unlike married couples who typically share property ownership and other assets, unmarried partners in Pennsylvania do not automatically have property rights.

If one partner owns the house where both live, the other may have no legal claim to it without a specific agreement in place.

Inheritance Rights

Unmarried partners do not have the automatic right to inherit from one another. If your partner passes away without a will, you will not have a legal claim to their estate.

To protect your rights, it’s critical to have legal documents such as a will or trust that clearly outline each partner’s wishes.

Financial Support After a Breakup

In Pennsylvania, spousal support, or alimony, is only available to legally married couples. If you’re in a common law relationship and separate, you cannot seek alimony or financial support unless a legal agreement specifies such arrangements.

Establishing Legal Protections for Unmarried Couples

If you’re in a long-term relationship without a formal marriage, taking proactive steps to protect your rights is important. While common law marriage may not be recognized in Pennsylvania for relationships formed after 2005, you can still establish legal protections through various agreements and legal tools.

Cohabitation Agreements

A cohabitation agreement is a legal document that outlines each partner’s rights and responsibilities, including how assets will be divided in case of separation. This agreement can protect your financial interests and help you avoid disputes if the relationship ends.

Estate Planning

Creating a will, trust, or other estate planning tools is essential to protect your partner in the event of your death. This ensures your partner can inherit property or other assets according to your wishes, even if you are not legally married.

Medical and Financial Decisions

Unmarried couples should also consider creating legal documents, such as powers of attorney for health care and finances. This allows your partner to make medical or financial decisions on your behalf if you are unable to do so.

Contact a Pittsburgh Family Law Attorney for Help

Navigating the legal complexities of common law relationships can be challenging, especially in a state like Pennsylvania that no longer recognizes new common law marriages. If you have questions about your rights or need assistance creating legal protections for your relationship, consulting with an experienced family law attorney is important.

At Pittsburgh Family Law, LLC, we can help you understand your options, protect your rights, and guide you through any legal issues related to your relationship. Contact us online or call (412) 471-5100 for a free consultation today.