Do I Qualify For A Common Law Marriage In Colorado Springs?

Common law marriage in Colorado often sparks confusion, and for good reason. Many couples live together, share finances, and even raise children, without ever realizing how close (or far) they may be from being considered legally married.
To help clarify what qualifies as a common law marriage in Colorado Springs, we spoke with Chelsea Hillman, Senior Attorney at Modern Family Law, who has represented numerous clients navigating this very question.

Understanding Common Law Marriage In Colorado

Colorado is one of the few states that still recognizes common law marriage, but as Chelsea explains, “It’s actually quite difficult to establish.” She adds, “The main thing courts look at is intent. The question is not just whether two people live together or share accounts—it’s whether they both intended to be married.”

This emphasis on intent stems from the landmark Colorado case In re Marriage of Hogsett, which reshaped how courts evaluate these relationships. In that case, a same-sex couple appeared to meet all the traditional signs of marriage—they shared wills, bank accounts, and even held a ceremony. But the court ultimately found that no common law marriage existed because the couple’s intentions were different. One partner viewed their relationship as a marriage, while the other did not.

“There’s a clear distinction between the intent to be married and the intent to have an exclusive partnership,” Chelsea notes. “That difference was critical in the Hogsett case and continues to guide Colorado courts today.”

What Evidence Do Courts Look At?

When determining whether a couple qualifies for a common law marriage, Colorado courts look for multiple forms of evidence that, when combined, suggest marital intent. According to Chelsea, indicators may include:

• Filing taxes jointly or applying for government benefits as a married couple

• Listing one another as a spouse on health insurance or workplace documentation

• Signing formal declarations of marriage or holding a ceremony

• Testimony from friends, neighbors, or colleagues who believed the couple was married

• Using the same last name or wearing wedding rings

“No single piece of evidence determines marital intent,” Chelsea emphasizes. “It’s the combination of factors that matters. Courts often look at how couples present themselves to others, not just what’s on paper.”

A Real Example From Colorado Springs

Chelsea shared a recent case from Modern Family Law’s Colorado Springs office, “In one case, the other party claimed they were married because he gave my client a ring over Christmas,” she recalls. “But my client maintained she never intended to be married. She viewed it as an engagement ring, not a wedding band. There was no ceremony, and she even filed for welfare benefits as a single.”

In that case, Chelsea’s team presented tax records, benefit applications, and testimony showing that her client had no intent to be married.

“The court ultimately agreed,” Chelsea explains. “Even though they shared a home and had children together, the lack of mutual intent meant there was no common law marriage. Those issues were instead handled through a partition action for property and a custody case for the children.”

Common Misconceptions About Common Law Marriage

Despite what many believe, couples in Colorado do not become married by common law simply by living together for a certain period. “The Hogsett case really clarified that common law marriage isn’t something that happens by accident,” Chelsea says. “It requires a mutual, intentional agreement—a true meeting of the minds to enter a marital relationship.”

She adds that many people are relieved to learn this, “I often hear from people who’ve been married before who worry, ‘Did I accidentally remarry someone without realizing it?’ And I tell them: that’s not how it works. It’s much harder to establish than people think.”

How To Determine If You Might Be Common Law Married

Chelsea offers straightforward advice for both sides of the question. If you don’t want to be married, don’t panic: “If you do not want to be married, you are most likely not married by common law,” she reassures. “You’re not going to suddenly wake up one day and discover you’ve been married for years without realizing it.”

If you believe you may be common law married, start by reviewing your records:

• Did you file taxes jointly as a married couple?

• Are you listed as a spouse on health insurance or other benefit forms?

• Have you presented yourselves to others as husband and wife?

• Have both partners worn wedding rings or used the same last name?

Even small details, like how you refer to each other at social events, can make a difference. “It can also help to look through photos or consider how friends and family perceive the relationship,” Chelsea explains. “Would they be surprised to learn you’re not legally married? Those perceptions can support or undermine claims of intent.”

Why Legal Guidance Matters

Proving or disproving common law marriage can involve sensitive issues, especially when children, shared property, or privacy concerns are involved.
Chelsea emphasizes that legal representation can be essential: “Documents like health insurance forms and HR records are crucial, but gathering them may involve subpoenas and privacy concerns. It’s best to have an attorney help navigate those complexities.”

At Modern Family Law’s Colorado Springs office, Chelsea and her team regularly assist individuals who need clarity about their relationship status or who face disputes arising from common law marriage claims.

“It takes more than simply living together or sharing finances,” she concludes. “While it’s challenging to become common law married, proving intent, one way or the other, can actually be more straightforward than people think.“

When To Contact A Family Law Attorney

If you’re unsure whether your relationship qualifies as a common law marriage, or if you’re facing a dispute about one, speaking with a knowledgeable attorney can help protect your rights.

The team at Modern Family Law in Colorado Springs understands the nuances of Colorado’s marriage laws and can guide you through the next steps, from understanding your options to representing you in court if needed.