Legal Question in Family Law in Canada

Recognized Common Law Or Not?

My boyfriend and I have lived together for 6 years. For 3 of those years we lived in Ontario Canada, which recognizes common law marriages. We also had a child together while living in Canada. We have lived in Michigan for the last 3 years, which does not recognize common law marriages, from what I understand, unless the couple had a common law marriage in another state. My question is- Does the State of Michigan recognize this as a common law marriage, and am I entitled to the same benifits as any wife, such as inclusion on his health insurance or spousal support if I were to leave?


Asked on 9/26/02, 12:22 pm

1 Answer from Attorneys
John C. Talpos Talpos & Arnold

Re: Recognized Common Law Or Not?

I have received a copy of your post regarding common law marriages. You have correctly stated the applicable Michigan law. Your question, however, now depends on the length of time you must live together in Ontario in order for your relationship to be recognized as a common law marriage. You need to check with an Ontario attorney. If you were together in Ontario long enough, it would then be recognized in Michigan.

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Answered on 9/26/02, 2:02 pm


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