IRS Recognizes Common Law Marriage
The Internal Revenue Code allows a married couple to file a joint tax return. To determine whether a couple is married, the federal government looks to state law. The Internal Revenue Code allows a couple that claims to be married at common law to file jointly if they are living together in a common law marriage in a state that recognizes common law marriages. The Internal Revenue Code also permits a couple that married at common law in a state allowing common law marriages to file a joint tax return even when they now live in a state that does not recognize common law marriages.