Legal Question in Family Law in New York

Common law marriage

Does common law marriage exist in New York state?

If so, please give me any useful information pertaining to this law.

A man and a woman have lived together for 15+ years. The woman is now diagnosed with Alzheimer's Disease. She has no property in her name. Is she entitled to any kind of support and/or property, if the man decides he can no longer live with this woman?

Thank you for your response.


Asked on 2/28/02, 9:31 am

3 Answers from Attorneys
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Common law marriage

Unfornutately, unmarried domestic partners do not get the legal benefits of being a spouse. That was a choice which they made, no matter how sad the facts are now.

Legally, there is no common law marriage in NY, but NY will respect a common law marriage from another state.

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Answered on 3/01/02, 12:33 pm
Daniel Clement Law Offices of Daniel Clement

Re: Common law marriage

New York will only recognize a common law marriage if the parties lived in a state that recognized common law marriage and they held themselve out as husband and wife in that state.

In your case, the woman has no claim for support.

Daniel Clement

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Answered on 2/28/02, 10:44 am
Amy L. Finch, 845-362-0387 Amy L. Finch, Attorney and Counselor at Law

Re: Common law marriage

NY does not recognise common law marriage.

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Answered on 2/28/02, 3:15 pm


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