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Idaho Common Law Marriage

What is Common-Law Marriage in Idaho?

A common-law marriage is a union of two people who live together and hold each other out as husband and wife without a marriage license or solemnization. Parties in a common-law marriage must satisfy certain conditions to establish the marriage. This includes being at least 18 years old, cohabiting for a period of time, intending to be married, and presenting each other as a married couple to family and friends.

Each state prescribes the required cohabitation period necessary to establish a common-law marriage. Once established, the couple shall have the same rights as couples in formal marriages. Some of the rights a spouse in a common-law marriage becomes entitled to include:

  • Child custody rights
  • Right to inherit from a deceased spouse
  • Right to visit a spouse in a jail, prison, or hospital
  • Tax deduction and exemption rights
  • Insurance benefits
  • Spousal support
  • Right to divorce

Common-law marriages have some disadvantages when compared to formal marriages. For instance, while formal marriages are registered, common-law marriages are usually not registered, making them difficult to prove. The disadvantages of a common-law marriage include:

  • Difficulty in proving the existence of the marriage
  • The burden of proving the common-law marriage is on the party that claims its existence
  • Any individual who is unable to prove the existence of the marriage shall be unable to enjoy any marital rights under the marriage

Marriage in Idaho

In 2021, Idaho had a total number of 14,030 marriages and 6,392 divorces. According to a 2019 survey carried out on persons who were at least 15 years old, 55% of the state’s male residents were married, the same as the 50% recorded for the female population. The same survey showed that 12% of men were divorced versus 13% of women.

Does Idaho Recognize Common-Law Marriage?

Idaho does not recognize common-law marriages established in the state. However, couples in common-law marriages may retain their marital rights if they relocate to Idaho after properly creating the marriage in a state with applicable laws. Idaho recognizes all lawful common-law marriages created in the United States, in line with the US Constitution’s Full Faith and Credit Clause. The clause requires all states to recognize and validate judicial proceedings, public acts, and records of other states. A couple in Idaho that wishes to exercise some of the rights of married couples may do so through a cohabitation agreement.

What is a Cohabitation Agreement in Idaho?

A cohabitation agreement in Idaho is a legally binding contract establishing marital rights and duties between two persons living together. Without an agreement, cohabitation is not enough to establish rights and responsibilities between parties. Under a cohabitation agreement, the couple may choose to hold their property jointly and determine how the property should be split in the event of a separation. The parties may also assign powers of attorney to make medical and financial decisions for each other.

What Are the Requirements for a Common-Law Marriage in Idaho?

Idaho does not allow common-law marriages created within the state. Requirements for creating a common-law marriage depend on the state of establishment. While these requirements differ, they usually include the following:

  • The parties should not be closely related to each other
  • The spouses should have lived together for a period of time
  • The parties should not be in any other marriage
  • The parties should be at least 18 years old

Couples in Idaho that wish to have marital rights can do so through a cohabitation agreement. This can be used to define the relationship and spell out rights and duties.

How Many Years Do You Have to Live Together for Common-Law Marriage in Idaho?

Regardless of cohabitation length, an Idaho couple cannot create a common-law marriage in the state. The couple can only enter a formal marriage, which involves solemnization after obtaining a license. Therefore, the length of cohabitation required for validating a common-law marriage is only applicable as required by law in the state where the marriage was established.

What Does it mean to be Legally Free to Marry in Idaho?

A person who is legally free to marry in Idaho has met the requirements for contracting a marriage contract. Therefore, the parties should be able to consent to the marriage. Individuals who are 18 years old or older may freely enter a marriage. 16 and 17-year-olds may only enter a marriage with the consent of their parents or guardians. Individuals below 16 years old cannot enter a marriage. Section 32-207 of the Idaho Statutes prohibits contracting a marriage while still married to another person. Additionally, individuals cannot contract a marriage with family members.

What is an Informal Marriage in Idaho?

Informal marriage is the term used to describe common-law marriages in Texas. It is a marriage created by cohabiting and sharing responsibilities without obtaining a marriage license or solemnization. Idaho does not recognize the creation of informal marriages within the state. However, couples that create informal marriages in Texas may still exercise their marital lights when they relocate to Idaho. Parties to an informal marriage are granted the same marital rights as formally married partners.

How Do You Prove Common-Law Marriage in Idaho?

A common-law marriage can be proved through witness testimonies and documents. The person seeking to prove the marriage would need to show that the couple intended to be married, cohabited for the required period of time, and held themselves out to the public as husband and wife. Proving the existence of the marriage is important for a spouse looking to exercise marital rights. Proof may be:

  • Documents showing joint tax returns
  • Documents showing a shared residential address
  • Documents showing joint ownership of property and joint residency
  • Documents in which one party is mentioned as the other’s spouse
  • Documents showing one or more joint bank accounts
  • Witness testimonies that the couple held themselves out as husband and wife

Third-party websites provide an alternative to obtaining public vital records. These non-governmental platforms come with intuitive search tools that help simplify the process of accessing single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain public marriage records, requesters may need to provide:

  • The full name of both spouses ((include first, middle, and last names)
  • The date the marriage occurred (month, date and year)
  • The location where the marriage occurred (city and county)

How Do You Prove Common-Law Marriage in Idaho After Death?

A spouse can prove a common-law marriage after the other spouse’s death by providing evidence of the union. The evidence may include witness testimonies and several other records. Testimonies may come from family and friends who confirm that the couple lived together for some time and regarded each other as husband and wife. Documents can also be used to prove a common-law marriage after the death of a spouse. The documents should include records that show that the parties lived together and intended to be married. Examples of such documents are records of a joint bank account, joint tenancy, jointly-owned property, and birth certificates of children born under the marriage. This is only possible if the common-law marriage was lawfully formed in a state where such marriages are valid.

Do Common-Law Marriages Require a Divorce?

Valid common-law marriages require a divorce. Without a divorce, the parties to the marriage cannot contract another marriage. A spouse filing for a divorce in Idaho should have resided in the state for at least six weeks before initiating the action. The couple can agree on how assets should be divided and other matters relating to the divorce. In the absence of an agreement, the division would be decided by the Court. The grounds for divorce in Idaho include:

  • Adultery
  • Extreme cruelty
  • Willful desertion
  • Willful neglect
  • Conviction for a felony
  • Insanity
  • Irreconcilable differences

Does A Common-Law Wife Have Rights in Idaho?

A common-law wife in Idaho has marital rights under law. The rights are the same as those accessible by a wife in a formal marriage. These rights include the right to visit the husband in a jail and hospital, social security benefits, right to inherit, right to marital property in the case of a divorce, and the right to make medical decisions on behalf of the husband. Common-law husbands also have the same rights.

Can a Common-Law Wife Collect Social Security in Idaho?

All common-law partners can collect social security in Idaho. However, the partner must prove the union’s existence and confirm that it was formed in a state that recognizes common-law marriages. Proving the marriage would involve providing a statement from a blood relation and completing the Statement of Marital Relationship Form. The wife would also need to provide the following information about the marriage.

  • The month and year cohabitation began
  • The length of cohabitation
  • Locations where the spouses have lived
  • Names and dates of birth of children born to the couple
  • Location where the marriage occurred
  • Names of neighbors, family, or employers who can confirm the union
  • Current and former names of both parties where applicable

Are Common-Law Wives Entitled To Half In Idaho?

A common-law wife in Idaho is entitled to half of the marital property upon divorce, pursuant to Section 32 712 of the Idaho Statutes. Since Idaho is a community property state, all debts and marital property and debts are jointly owned by both partners. In the event of a divorce, the property would be equally distributed. However, the Court may not split property in half if it finds compelling reasons to do so. Some reasons recognized by the Idaho Statutes include:

  • The duration of the marriage
  • Any antenuptial agreement between the parties
  • The earning capacity of each spouse, both present and potential
  • The needs of each spouse
  • The age, health, occupation, amount and source of income, vocational skills, employability, and liabilities of each spouse

How Do You Get A Common-Law Marriage Affidavit in Idaho?

Individuals cannot get Idaho common-law marriage affidavits as these unions cannot be created within the state. States that recognize common-law marriages provide affidavits for those marriages. The information included on common-law marriage affidavits may differ between states. However, most states issue documents that:

  • Contain the city and state the parties decided to be married
  • Contain the date the parties decided to be married
  • State that the parties were old enough to be married when they decided to be married
  • Contain any previous marriages, domestic partnerships, or civil unions of the parties

When Did Common-Law Marriage End in Idaho?

Common-law marriages were abolished in Idaho on January 1, 1996. All common-law marriages validly created in Idaho before 1996 are still valid, pursuant to Section 32-201 of the Idaho Statutes.

What is Considered Common-Law Marriage in Idaho?

Idaho does not recognize the creation of common-law marriages within the state. Only common-law marriages created in a state that recognizes the marriage would be upheld in Idaho. Couples who properly form a common-law marriage may retain their marital status if they move to Idaho.

Idaho only recognizes formal marriage unions formed in the state. Individuals who wish to get married in Idaho must obtain a marriage license which costs approximately $30 depending on the county. All Idaho marriages are solemnized and recorded.

Does the Federal Government Recognize Idaho Common-Law Marriages?

The Federal Government only recognizes Idaho common-law marriages created before January 1, 1996. The government also validates common-law marriages created in states that recognize them. These include Kansas, Iowa, Rhode Island, New Hampshire, Colorado, South Carolina, Texas, Utah, and Montana. The Federal Government also recognizes common-law marriages created in Georgia, Alabama, Oklahoma, Ohio, and Pennsylvania before a specific date. Common-law marriages can be beneficial to a spouse requesting tax exemptions or permanent residency status.