The Facts behind 7 Myths about Common Law Marriage in Colorado (Pt. 2)

Picking up from where The Facts behind 7 Myths about Common Law Marriage in Colorado (Pt. 1) left off, here, we will continue to point out the truth behind some common myths about common law marriage in Colorado.

More Myths about Common Law Marriage in Colorado Debunked

Myth 3 – Common law marriage doesn’t really matter unless my partner and I are breaking up.

Partners in a common law marriage in Colorado can face some of the same issues in divorce as spouses in traditional marriage do, including disputes over spousal support.

Partners in a common law marriage in Colorado can face some of the same issues in divorce as spouses in traditional marriage do, including disputes over spousal support.

Fact – False! The fact that a common law marriage has been established can also be critical in the event one partner passes away. In these cases, the surviving partner may be entitled to receive most (if not all) of the deceased partner’s estate if no will has been left.

Therefore, if you are considering entering into a common law marriage in Colorado, you may want to consider signing a cohabitation agreement and/or developing a simple will upfront to ensure that your property and interests are protected in the future.

Myth 4 – People can’t request spousal support payments when a common law marriage in Colorado ends.

Fact – False again! Similar to traditional divorce, when a common law marriage ends, it is possible for people to request and receive spousal support payments. In general, here’s what people should know about spousal support payments and common law divorce:

  • Ideally, couples will come to a reasonable agreement about spousal support payments, and the courts will review and likely approve them.
  • When the courts have to step in to rule on matters of spousal support in common law divorce, they will consider some of the same factors as they would in traditional divorce cases (including the income of each partner, each partner’s contribution to the relationship, etc.).
  • Having an attorney on your side to ensure your rights and interests are fully protected can be critical to resolving disputes regarding spousal support payment obligations as favorably as possible.

Be sure to look for the conclusion to this blog series for some final important info about common law divorce in Colorado!

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  • Personalized attention
  • Regular updates throughout the course of a case
  • Honest answers about their best options at every phase of the case.

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To learn more about your rights and receive a professional case evaluation, contact us by calling (303) 656-9529 or by emailing us using the contact form on this page. From our offices in Denver, we serve clients throughout Colorado.