Legal Question in Family Law in New York

Common Law marriage

Does the concept of common law marriage still exist in New York State? If so, what are the criteria, and what-if any- legal rights does a common law spouse have?

I have been living with someone (of the opposite sex) for 6 years. We were 'officially'engaged (i.e. it was announced in newspaper as well as to friends and family.) and he gave me a ring. He kept 'stalling' about getting married, and three years ago the engagement was broken. During most of the six years,I have also been employed outside the home, but at times he has been able to claim me as a dependent on income tax because my income was so low. I have been unemployed for the past year. Even while employed, I performed tasks such as housework, and still do. I plan to move out, and would like to know if I have any legal claims such as support, or if I could sue for breach of promise.


Asked on 1/18/98, 8:37 am

1 Answer from Attorneys
Stacey Van Malden Stacey Van Malden, Attorney at Law

Common Law marriagge

Common Law marriage was abolished in NY in 1938 or so.Unless you went through what the Court may consider a legitimateceremony, which was void for some reason, or if you have children in common, it is unlikelythat you may receive any relief or support.

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Answered on 1/22/98, 8:35 am


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