Can u still receive alimony if you are not legally married. Only common law? Of 21yrs?

Thank you for reaching out. Colorado does recognize common law marriage. Individuals in Colorado who are common law married may be entitled to alimony if they can prove that they and their partner entered into a valid common law marriage. In your case, the length of your relationship—21 years—is a significant factor, but the key question is whether you were actually common law married under Colorado law during that time.

Common Law Marriage in Colorado

Colorado recognizes common law marriage. To establish a common law marriage, you must show two things:

1. That you and your partner mutually agreed or consented to enter into a marital relationship—meaning you intended to be married and share your lives as spouses in a committed relationship of mutual support and obligation.

2. That your conduct demonstrated that agreement. 

Courts look at the totality of the circumstances. Relevant factors that a Court considers, while not a complete list, can include: 

• whether you lived together

• whether you held yourselves out to friends, family, and the community as married

• whether you used the same last name

• filed joint tax returns

• opened joint bank accounts

• owned property together

• referred to each other as spouses 

No single factor is necessarily decisive—what matters is the overall picture. 

Maintenance (Alimony) After Common Law Marriage

If a court determines that you were common law married, you have the same rights as any other spouse in a divorce proceeding, including the right to seek maintenance (the legal term for alimony in Colorado). State law provides guidelines for the amount and duration of maintenance based on factors such as how long you were married, how much income each spouse made, and other circumstances. These guidelines are not mandatory, however, and a Court has discretion to deviate from them for many reasons. 

Recommended Next Steps

I suggest speaking with a family law attorney who can review the specific facts of your relationship. Proving a common law marriage requires gathering and presenting evidence. If you’d like to speak with one of our family law attorneys, they can help you assess the strength of your case and advise you on how to proceed. You can book a consultation online or call 303-688-0944 to find a convenient time.