If two men live together as a "couple" for 5 years in a state like CT,NJ,MA, or Rhode Island, and they break up. Can the person left behind sue for alimony and/or 1/2 the other persons pension as in a "common law" marriage? This couple did not sign a civil union or get married, but the person left behind cannot afford the place on their own salary. Can this person file desertion charges to get support from the other to maintain their current standard of living?
2007-10-15 09:18:25 · 10 answers · asked by ? 1 in Politics & Government ➔ Law & Ethics
They split all the bills, food, utilities and etc. Have their own cars in their own names and the mortgage is in one persons name. Before you answer this -you need to understand common law marriage and what that implies
2007-10-15 09:56:44 · update #1
In Mass -- marriage is gender neutral -- so any marriage laws that apply to two people would apply. However, Mass no longer recognizes any common law marriage.
Rhode Island does allow common law marriage -- but does not have specific laws allowing (or prohibiting) same sex marriage -- so, it probably wouldn't be recognized as such.
CT and NJ have civil unions and domestic partnerships -- but those are legally distinct from marriage -- so rules for marriage don't automatically apply. However, again, neither of those states have common law marriage either.
As for "alimony" or equivalent -- various states have extended that concept to non-married couples ("palimony") who have lived together for a long time -- so an argument could be made that the same benefits would extend regardless of gender. I don't know the palimony laws in those states.
2007-10-15 09:30:05 · answer #1 · answered by coragryph 7 · 2⤊ 1⤋
The only way this could happen would be if it was in a hypothetical state that recognized both common-law marriage and same-sex marriage. In such a situation, if they met all the requirements to be recognized as married under the common law, then yes, there could be divorce proceedings and all that goes along with that. However, in a common-law marriage state that does not recognize same-sex marriage, there would be no marriage recognized by the state, even if they had done everything else required by the common law, so there would be no legal proceedings, no support, etc.
2007-10-15 16:26:22 · answer #2 · answered by Anonymous · 2⤊ 0⤋
Without any documentation backing anything up, I am inclined to say no. I could claim that I was living as a couple with anyone, and their moving out means I need alimony. It's really hearsay without a paper trail. Without a recognized marriage, I fail to see how this is any different than any relationship, be they friends or lovers and so long as they aren't married, I've never heard of anyone receiving a monetary award when a breakup between friends or lovers occurs.
2007-10-15 16:45:09 · answer #3 · answered by Pfo 7 · 0⤊ 0⤋
A common law marriage can rarely be claimed after the fact if there are no legal documents containing the intent to be common law. Check with local governments.
2007-10-15 16:26:42 · answer #4 · answered by Amanda 4 · 1⤊ 0⤋
In NJ there is no common law marriage. Therefore there
can not be any law suits.
2007-10-15 16:23:14 · answer #5 · answered by rosalie podvarko 2 · 1⤊ 0⤋
the person can file for 2.5 years of alimony. And for the pension too.
2007-10-15 16:22:39 · answer #6 · answered by OC 7 · 0⤊ 1⤋
my assumption would be know, because if so i could have 4 room mates that i happen to rent an apartment with for 5 years, then i get married they could all sue me for alimony
2007-10-15 16:22:55 · answer #7 · answered by scott A 5 · 1⤊ 1⤋
It's doubtful the party could win such a suit but there is nothing that says they cannot file it.
2007-10-15 16:21:56 · answer #8 · answered by ©2009 7 · 1⤊ 0⤋
I am not sure since no legal documents have been signed they will most likely not get half of therre stuff unless there is other agreements they have made together.
2007-10-15 16:21:32 · answer #9 · answered by sarah 1 · 1⤊ 1⤋
generally no, unless there is some sort of agreement that one party will support the other. There's no such thing as 'desertion charges.'
2007-10-15 16:23:21 · answer #10 · answered by Anonymous · 1⤊ 1⤋