Gardberg & Kemmerly, P.C. Attorneys at Law

No More Common Law Marriage in Alabama

No More Common Law Marriage in Alabama

As of January 1, 2017, there will be no more common law marriages in Alabama. State Representative Mike Jones introduced a bill to abolish the practice of common law marriage. Governor Robert Bentley signed that bill into law on May 3, 2016. Any common law marriage entered into prior to January 1, 2017 will be valid.

Currently, in Alabama, to be considered common law married, a couple would have to enter into an agreement to be married and present themselves as married to the public. Examples of proof of marriage include a joint bank account, jointly filing taxes, or even referring to one another as husband or wife.

This change does affect Social Security and Veteran Disability by changing who is eligible to receive those benefits. A spouse, divorced spouse, or a surviving spouse may be entitled to multiple types of benefits, including survivor's benefits, retirement benefits, widow(er)'s disability benefits, and other various auxiliary benefits. No one can enter into a common law marriage after January 1, 2017, so unless you have entered into a common law marriage prior to that date, your partner will not be eligible for any type of spousal benefits.

For more information regarding Social Security and Veteran Disability benefits, please contact one of the experienced attorneys at Gardberg & Kemmerly, P.C. today by calling 251-343-1111. Gardberg & Kemmerly, P.C. serves the injured and disabled throughout the Gulf Coast area.

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