Common Law Marriage in Illinois

Marriage isn’t for everyone. It may appeal to one couple, while another couple is content living together without a formal ceremony or marriage license. The latter is what is called a “common law marriage.”

What is Common Law Marriage?

Marriage is the legal union of two individuals and is available in all 50 states, affording couples legal protections they otherwise wouldn’t have and intertwining their rights and responsibilities. Common law marriage is a way of affording legal protections to unmarried individuals who share responsibilities as a married couple might. For couples living together without marriage in Illinois, certain circumstances should be noted.

Common law marriages typically require that the couple:

• Lives together for a specific amount of time.
• Has the legal right to marry.
• Both intend to marry.
• Acknowledge each other as husband and wife.

The specifics of common law marriage will vary from state to state.

Cohabitation Laws in Illinois: What Couples Need to Know

While Illinois doesn’t recognize common law marriages formed within its borders, many couples still choose to cohabit without formally marrying. In these cases, Illinois law views the couple as two individuals rather than a legal unit. This distinction can significantly impact financial and legal rights. For instance, partners living together don’t automatically gain rights to shared property, debts, or support unless they have a formal agreement in place.

If you and your partner are cohabiting, consider drafting a cohabitation agreement. This document can clarify how assets and responsibilities will be managed, especially in the event of a separation. It’s a smart way to protect both parties and prevent legal disputes.

Can Unmarried Couples Use a Prenuptial Agreement in Illinois?

Technically, prenuptial agreements are intended for couples who plan to marry. However, if you’re in a long-term relationship and living together in Illinois, a cohabitation agreement serves a similar function. These contracts can outline how financial matters, property ownership, and shared responsibilities will be handled.

While not the same as a prenup, these agreements are recognized by Illinois courts and can help avoid complications later on. Consulting a family law attorney ensures your agreement is thorough and enforceable under Illinois law.

Does Illinois Have Common Law Marriage?

Illinois does not have common law marriages, but Illinois common law marriage recognition applies to unions legally formed in other states that do recognize this status. Currently, common law marriage is recognized by Washington D.C. and the following states:

• Colorado
• Montana
• Rhode Island
• South Carolina
• Texas
• Utah
• Iowa
• Kansas

Although Illinois does recognize common law marriages from these states, the couple is required to show the following:

• The state from which they moved recognizes common law marriage.
• They met that state’s common law marriage legal requirements.
• They didn’t divorce in another state.

What Rights Do Unmarried Couples Have in Illinois?

Couples who entered into a common law marriage in another state, and move to Illinois, can receive the same protections as married couples. This means disputes over child custody and property division are handled in almost the same way they would for a legally married couple. It’s different for unmarried couples, however.

The Illinois Supreme Court ruled in August 2016 that unmarried couples have limited legal rights under cohabitation laws in Illinois, particularly regarding property ownership and division. However, if an unmarried couple has children, the custodial parent has a right to receive child support from the non-custodial parent.

For added protection, some couples choose to enter into a cohabitation agreement in Illinois, which outlines how property and financial matters will be handled, and which is similar to a prenuptial agreement in principle. Cohabitation agreements are created between a couple that lives together. These agreements outline how their finances and assets will be distributed if they eventually go their separate ways. Cohabitation agreements can’t set terms for child support or parenting time but can help both parties feel more secure about living together.

Receive Knowledgeable Legal Representation from Conniff & Keleher, LLC

Whether you have questions about how to establish your common law marriage from another state in Illinois or the difference between a civil union and a common law marriage, Conniff & Keleher, LLC can help. Contact us to schedule a consultation at one of our firm’s locations in Chicago or Oak Park.