It usually surfaces at the worst possible moment. A long relationship ends, significant assets are at stake, and one partner files for divorce — from a marriage the other partner insists never existed. In Colorado, that dispute is real, it is common, and for high-net-worth individuals it can be worth millions.
Colorado Still Recognizes Common Law Marriage
Colorado is one of a small number of states that recognize common law marriage. There is no ceremony requirement, no license, and no minimum number of years together. A couple can become legally married through their mutual agreement and their conduct — and many people have no idea where the line sits until a court draws it for them.
The Hogsett Test: How Colorado Courts Decide
In 2021, the Colorado Supreme Court modernized the analysis in a case called Hogsett v. Neale. The core question is whether the couple mutually agreed to enter a marital relationship — to share a life together as spouses in a committed, intimate relationship of mutual support and obligation — and whether their conduct shows that agreement.
No single factor decides the case. Courts look at the whole picture, including:
- Filing joint tax returns, or claiming married status on financial documents
- Jointly titled real estate, accounts, and other property
- Naming each other as beneficiaries on life insurance and retirement accounts
- Rings, anniversaries, and celebrations that resemble marriage
- How the couple referred to each other with family, friends, and the community
- Shared finances and estate planning that treats the couple as a unit
The court recognized that modern relationships take many forms, so the analysis is flexible — which is precisely why these cases are so fact-intensive and so hotly contested.
Why It Matters: The Financial Stakes
If a Colorado court finds that a common law marriage existed, the full machinery of divorce law applies:
Property division. Colorado divides marital property equitably — including the appreciation of separate assets during the marriage. If the marriage is found to have begun eight years ago, eight years of growth in a business, a portfolio, or real estate may be on the table.
Spousal maintenance. A spouse can seek maintenance under Colorado's guideline framework. A partner cannot.
Inheritance and death benefits. A surviving common law spouse can assert inheritance rights, elective-share claims, and survivor benefits — which is why these disputes also erupt in probate court, sometimes years after a partner's death.
For executives, business owners, and families with significant wealth, the marriage question is often the single largest financial issue in the case. Everything else — valuation, characterization, support — flows from it.
Common Misconceptions
"We never lived together full time, so we can't be married." Cohabitation is relevant, but it is not the test.
"There's a seven-year rule." There is no minimum duration. There is also no automatic marriage after any number of years.
"We can just break up." There is no common law divorce. If a common law marriage exists, ending it requires a formal dissolution — with all the property and support consequences that entails.
Protecting Yourself
If you are in a committed relationship and do not intend to be married, intentional choices matter: keep finances and titles separate, be consistent in how the relationship is described on official documents, and consider a written agreement that states the parties' intentions clearly. If you believe you may already be in a common law marriage — or someone may claim you are — get advice before positions harden.
Talk to a Denver Divorce Attorney Who Handles Complex Estates
Aaron Herzberg is a divorce attorney in Greenwood Village, Colorado, serving Denver and the Front Range, with more than 30 years of trial experience and a practice focused on high-net-worth and financially complex divorce. If a common law marriage question sits anywhere in your situation, it deserves a serious answer early.
Read the full guide on DenverDivorce.com: Common Law Marriage in Colorado.
Educational information only, not legal advice. Reading this article does not create an attorney-client relationship.
