Legal Question in Family Law in New York

Common Law Marriage in New York State

Please tell me if Common Law Marriage is legal in New York State. Does a marriage have to be registered in NYS, and how would a couple achieve this common law state?

How would this effect social Security and Hospitalization of both partners?

Is there any advantage to the Common Law Situation in New York State if it is recognized and legal?

Thank you for your assistance.


Asked on 1/23/03, 2:05 pm

1 Answer from Attorneys
Jonathan J. Braverman Jonathan J. Braverman, Attorney & Mediator

Re: Common Law Marriage in New York State

New York has long since abolished its own common law marriage doctrine, BUT it continues to recognize common law marriages from other states.

Therefore, if you qualify for a common law marriage under the laws of another state, NY will recognize it.

If you wish to discuss this further, please call to schedule a consultation.

I practice in NYC and Long Island.

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Answered on 1/24/03, 5:01 am


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