Most states have done away with common law marriage, replacing it with domestic partnership laws that apply to both same-sex and heterosexual couples. The laws in each state vary widely, but it basically gives couples nearly the same rights as if they were married.
Gene Simmons—Happily Unmarried
Gene Simmons rise to fame came when he co-founded the rock group KISS, who became known for their fire-breathing antics while wearing kabuki-style makeup. He has been living with his longtime partner, Shannon Tweed since 1983, and the couple has two children together, Nick, age 21, and Sophie, age 18. The family currently resides in Beverly Hills, California.
Simmons has been very public about his plans to never marry and considers himself “happily unmarried”. He has been known to say that he doesn’t feel men are meant to be in a monogamous relationship and claims to have slept with over 4,600 women.
His family is currently starring in the A & E Reality Series, “Gene Simmons Family Jewels”. In recent interviews, Simmons has been quoted as saying that “a cohabitation agreement supersedes and nullifies all laws of the land, including common law”. However, I’m sure the hospital was following the law when they didn’t allow Mr. Simmons to see Shannon Tweed because he wasn’t considered next of kin. Maybe Mr. Simmons should file for domestic partnership next year when he turns 62.
The Laws in California
Common law marriage is only legal in fifteen states and the District of Columbia. To be considered married, the couple must:
- Live together for a certain length lf time, usually several years
- Present themselves as a married couple by referring to each other as husband and wife
- Intend to get married at some point in the future
California State law does not recognize common law marriages. However, the couple may be considered legally married if they were common law spouses in another state and then moved to California. This is due to a clause in the U.S. Constitution that gives each state full faith and credit to recognize the “acts, records and proceedings” of all the other states.
Domestic Partnerships—Benefits Without the Burden
In California, domestic partnership is a legal relationship between same-sex couples and certain heterosexual couples (one party must be at least 62 years old). A domestic partnership give couples similar benefits to those of marriage, some of which include:
- Making medical decisions for each other
- The right to visit their partner in jail or the hospital
- Participation in family health insurance plans
- Spousal insurance policies, such as auto, homeowner and life insurance
- Ability to sue for wrongful death of their partner
- Tax benefits when filing a state tax return
These are just a few of the rights a couple can enjoy once they meet the criteria for a domestic partnership in the state where they reside.
How a Family Law Attorney Can Help
People have the right to make their own choices about how they will live their life. Couples who choose not to enter into marriage may not realize the benefits the laws afford them. According to a recent report from the United States General Accounting Office, there are more than a thousand benefits the government provides for legally wed couples. If you are considering getting married but are worried about protecting your assets, an experienced family law attorney can help you draw up a pre-nuptial agreement.
