Wisconsin, unlike many other states, does not recognize common-law marriage. This means that simply living together, sharing finances, or presenting yourselves as a married couple will not grant you the legal rights and protections afforded to legally married couples in the state. Understanding this is crucial, as many mistakenly believe cohabitation equates to marriage in Wisconsin. This article will clarify the legal realities and address common questions surrounding this topic.
What Constitutes a Legal Marriage in Wisconsin?
A legal marriage in Wisconsin requires a valid marriage license and a ceremony performed by an authorized officiant. This process ensures both parties understand the legal implications of marriage and provides a clear record of the union. There are no exceptions for long-term relationships or informal agreements.
Does Wisconsin Recognize Common-Law Marriages from Other States?
While Wisconsin does not permit its residents to enter into common-law marriages, the state may recognize a valid common-law marriage entered into in another state where such unions are legal. However, proving the existence of a valid common-law marriage from another state can be a complex legal process. This typically requires substantial evidence demonstrating the couple intended to be married and held themselves out as such to the public. Such evidence may include joint tax returns, shared bank accounts, witness testimonies, and other documentation. It is crucial to consult with a Wisconsin family law attorney if you believe this applies to you.
What are the Legal Consequences of Not Having a Legal Marriage?
The lack of legal recognition as a married couple in Wisconsin carries significant implications, including:
- Inheritance rights: Without a will, your partner has no automatic right to inherit your property upon your death.
- Hospital visitation rights: You may face restrictions on visiting your partner in the hospital.
- Healthcare decisions: You lack automatic legal authority to make healthcare decisions for your partner.
- Tax benefits: You will not be eligible for the various tax benefits and deductions available to married couples.
- Spousal support (alimony): In case of separation, no spousal support is available.
- Property division: In case of separation, property division will be handled differently than in a legally recognized marriage.
What if We've Been Living Together for Many Years and Presenting Ourselves as Married?
The length of time you've lived together or the way you present yourselves to others is irrelevant to Wisconsin law. Wisconsin courts will not consider a long-term relationship a legal marriage unless the requirements of obtaining a license and formal ceremony were met.
How Can I Protect My Rights in a Long-Term Relationship in Wisconsin?
Even though Wisconsin doesn’t recognize common-law marriage, there are ways to legally protect your rights and assets in a long-term relationship. These include:
- Creating a will: This allows you to designate your partner as the beneficiary of your assets.
- Establishing a cohabitation agreement: This contract outlines the rights and responsibilities of each partner regarding finances, property, and other matters.
- Adding your partner to your bank accounts or deeds: This can help ensure access to funds and property in case of an emergency or incapacity.
- Obtaining health care power of attorney: This allows your partner to make healthcare decisions on your behalf.
What Happens if We Separate After Living Together for a Long Time?
Separation after a long-term relationship in Wisconsin involves the division of jointly owned property. However, the process differs significantly from the dissolution of a legal marriage. Because you are not legally married, spousal support (alimony) is not available. The courts will divide the assets based on equitable principles, considering the contributions of each party. It is strongly advised to seek legal counsel to navigate this process.
This article provides general information and should not be considered legal advice. If you have specific legal questions regarding your situation, it is crucial to consult with a qualified Wisconsin family law attorney. They can provide personalized guidance based on your circumstances.
