- February 11, 2026
- Family Law
The date printed on a marriage license frequently fails to reflect the true start of a legal partnership, particularly for same-sex couples in Colorado who were historically barred from obtaining one.
For decades, Colorado law prevented same-sex couples from marrying, creating a legal fiction that these long-term relationships began only after the Obergefell v. Hodges ruling in 2015. In a divorce proceeding, this discrepancy could be financially devastating. Relying solely on the 2015 date drastically reduces the duration of the marriage, which directly lowers alimony (spousal maintenance) calculations and alters the division of marital assets.
To bridge this gap, we must utilize the precedent set in Hogsett v. Neale to prove that a common law marriage existed long before the state issued a license. At Price Family Law, we analyze the full history of your relationship to align your legal status with your reality.
Call (720) 615-1750 to discuss your case with us.
Key Takeaways for Claiming a Pre-2015 Common Law Marriage
- Retroactive Recognition: The Hogsett v. Neale ruling allows for the retroactive recognition of common law marriage for same-sex couples. This means your marriage duration can be calculated from its true start date, not just from the 2015 legal recognition, which significantly impacts financial outcomes in a divorce.
- Longer Duration, Greater Entitlements: A longer marriage duration increases potential spousal maintenance and expands the marital estate. Assets acquired before 2015, which might have been considered separate property, can be reclassified as marital property subject to division.
- Proof of Mutual Intent: Proving the marriage requires evidence of mutual intent, not a state-issued license. Courts now consider context-specific proof like commitment ceremonies, shared finances, and how you presented yourselves to your community, even if you filed taxes as “single.”
The Hogsett Standard: Retroactive Application of Marriage Rights
Before 2015, same-sex couples in Denver and across Colorado were legally unable to marry. When these couples divorce today, the default legal assumption is frequently that the marriage is less than a decade old, regardless of how long the couple actually lived together as a committed unit. This seemingly small detail has enormous financial consequences.
Under Colorado’s spousal maintenance guidelines, a short-term marriage yields significantly lower monthly payments and a shorter duration of support than a long-term marriage. If a 20-year relationship is treated as an 8-year marriage, the dependent spouse could lose hundreds of thousands of dollars in legitimate entitlements.
In 2021, the Colorado Supreme Court ruled in In re Marriage of Hogsett & Neale that common law marriage standards must be applied retroactively and without gender bias. This ruling confirms that a valid marriage could exist before 2015 based on mutual consent and conduct, even if the state refused to issue a license at the time. This legal concept, known as the Hogsett advantage, effectively allows couples to backdate the marriage to its true commencement.
Calculating the Financial Impact: Maintenance and Asset Division
In Colorado family law, the difference between a 9-year marriage and a 19-year marriage is a mathematical formula that defines your financial future.
Alimony (Maintenance)
Colorado advisory guidelines for maintenance rely heavily on the duration of the marriage. A marriage proven to have started in 2004 (common law) rather than 2015 (ceremonial) moves the needle from a short-term schedule to a long-term calculation. This pushes the marriage past the 20-year threshold where maintenance may become indefinite, providing crucial stability for the lower-earning spouse.
Asset Division
Assets acquired during the pre-2015 period, such as retirement contributions, real estate appreciation, and business growth, shift from separate property to marital property subject to equitable division. This ensures that the contributions of both partners throughout the entire relationship are recognized and fairly divided.
At Price Family Law, we audit the relationship timeline to identify the earliest point where the legal threshold for marriage was met. We recalculate the divorce duration to include the years prior to the Obergefell decision and argue that the 2015 ceremony was merely a confirmation of an existing marriage, not the creation of a new one.
Proving Mutual Consent in the Absence of a License
Proving a marriage existed when it was technically illegal requires proof of mutual consent to be spouses. The Hogsett court updated the traditional Lucero test, acknowledging that same-sex couples historically could not use “husband and wife” terminology or file joint taxes without risking federal penalties. The absence of these traditional markers is no longer fatal to a claim.
To establish the retroactive date, the court looks for context-specific evidence of marital intent. This includes exchanging rings, commingling finances, naming each other as beneficiaries on life insurance or 401(k)s, and how the couple presented themselves to their safe social circles.
Here is how we build your case:
- Gathering Contextual Evidence: We compile cards, emails, or texts from the pre-2015 era where the parties referred to each other as partners for life or spouses.
- Securing Witness Testimony: We interview friends and family who understood the relationship to be a marriage, even if it was kept discreet from employers due to fear of discrimination.
- Finding Ceremonial Proof: Evidence of private commitment ceremonies or anniversaries celebrated prior to 2015 serves as strong proof of mutual agreement.
Building a case for a pre-2015 common law marriage requires careful and thorough evidence collection. If you believe your relationship qualifies, begin organizing this documentation and consider seeking legal guidance.
Frequently Asked Questions About Retroactive Common Law Marriage
What if we lived in a state that didn’t recognize common law marriage before moving to Colorado?
Colorado courts may look at whether the marriage requirements were met after you established residency in Colorado. If your relationship met Colorado’s standards during a visit or after you moved here, a claim might still be made.
Can I claim common law marriage if we broke up before 2015 and never got a license?
Yes. Because Hogsett applies retroactively, you may assert that a common law marriage existed and ended, requiring a legal dissolution (divorce) and property division, even if the relationship concluded prior to marriage equality laws.
Does a commitment ceremony count as a marriage start date?
It is strong evidence of mutual consent. If you exchanged vows and intended that ceremony to mark your transition to spousal status, that date typically serves as the legal start of the marriage.
My partner claimed we were “just partners” to their conservative family. Does this hurt my case?
Hogsett allows for a context-dependent analysis. If the denial of marriage was to avoid family conflict or stigma, but private conduct showed marital intent, the court may still find a valid marriage existed.
How does this affect Social Security benefits?
Establishing a retroactive marriage date may qualify you for spousal or survivor benefits if the recognized duration meets the 10-year federal requirement.
Establish Your True Marriage Timeline
The date on your marriage certificate is an administrative formality, not a restraint on your rights. If you spent years building a life, assets, and a family before 2015, you may be entitled to the legal protections of a long-term marriage.
Price Family Law has experience analyzing the history of your relationship to align your legal status with your reality.
Contact us today at (720) 615-1750 for a free case evaluation.
