- 19-Apr-2025
- Healthcare and Medical Malpractice
Common-law spouses, also known as domestic partners or cohabitants, are individuals who live together in a long-term, committed relationship but are not formally married. Despite not having a formal marriage certificate, common-law spouses in many jurisdictions are entitled to many of the same legal protections as married couples under domestic violence laws.
In jurisdictions that recognize common-law marriage, a common-law spouse has many of the same legal rights as a married spouse. The requirements for a common-law marriage typically include living together for a certain number of years and presenting the relationship as a marital one to the public.
In areas that recognize domestic partnerships or civil unions, the couple may be treated as a legally recognized partnership, granting them legal protection under domestic violence laws.
Common-law spouses who experience domestic violence have the right to seek protective orders, just as married spouses do. This can include temporary or permanent restraining orders, which prevent the abuser from contacting or approaching the victim. In some jurisdictions, the law explicitly includes common-law spouses under the definition of spouse for the purpose of seeking such orders.
Protective orders may include provisions such as barring the abuser from the home, custody or visitation rights for children, and other measures designed to keep the survivor safe.
Common-law spouses are generally entitled to legal remedies for domestic violence, such as seeking compensation for medical bills, emotional distress, and pain and suffering. In many cases, civil lawsuits can be filed against the abuser for damages caused by the violence.
If a common-law spouse suffers from long-term physical or emotional abuse, they can pursue remedies similar to those available to married couples, including compensation for the loss of consortium (loss of companionship or affection), if applicable.
Survivors of domestic violence, regardless of marital status, are often entitled to access shelters, counseling, and support services. Common-law spouses are typically included in these services, which aim to provide immediate safety and long-term support for victims of abuse.
Common-law spouses can also have rights related to child custody and visitation if children are involved. Courts generally aim to prioritize the child's safety and well-being in domestic violence cases, so common-law spouses can seek custody or visitation orders if they are in a co-parenting situation.
In cases where one partner is the biological parent of the children, the other partner (common-law spouse) may also have legal rights to seek custody or visitation, depending on the jurisdiction and the recognition of their relationship.
Common-law spouses may have rights to property and assets acquired during the relationship, similar to married couples. If there is a breakup or separation after domestic violence, common-law spouses may have the right to seek division of property or compensation for financial support.
In some regions, common-law spouses may be entitled to financial support or maintenance (alimony) if they can prove financial dependency on the abuser during the course of the relationship.
The rights of common-law spouses under domestic violence laws vary significantly by jurisdiction. Some areas do not recognize common-law marriage or domestic partnerships, while others grant equal protections under domestic violence laws. It is important to understand the specific laws in the region where the relationship exists.
A woman who has lived with her partner for 5 years in a committed relationship but is not married seeks a protective order against her partner who has been abusive. Despite not being formally married, she can request a restraining order under the domestic violence laws in her jurisdiction, which include common-law spouses under the definition of spouse for the purpose of protection. Additionally, she may be entitled to compensation for medical expenses, emotional distress, and loss of consortium, similar to what a married spouse could claim.
Common-law spouses have many of the same rights and protections under domestic violence laws as married spouses, including the ability to seek protective orders, claim legal remedies, access services, and seek custody or visitation rights. The recognition and rights of common-law spouses may vary by jurisdiction, but in many places, the law treats them equally in the context of domestic violence. It is important for common-law spouses to understand their specific legal rights in their region to ensure they can take the necessary steps to protect themselves and seek redress for abuse.
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