Guam
Guam senators are deliberating on Bill 221-38, introduced by Senator Shelly Calvo, which aims to grant legal recognition to common-law marriages on the island. The proposed legislation acknowledges that many couples cohabit, share finances, and raise children without formalizing their union through a civil or religious ceremony. This lack of legal recognition can lead to complications in areas such as custody, inheritance, property rights, medical decision-making, and access to benefits when relationships end due to separation, illness, or death.
Under the bill, a relationship could be recognized as a common-law marriage if both partners are at least 18 years old, legally eligible to marry, not in another marriage or civil union, have cohabited as spouses for a minimum of two years, and have represented themselves as married by actions such as sharing finances, using the same last name, filing taxes jointly, or referring to each other as spouses.
During discussions, Senator Therese Terlaje expressed concerns about the bill's provision allowing recognition of the relationship up to three years after it has ended. She highlighted potential issues where, after a breakup, one partner could claim a common-law marriage existed and seek entitlements to inheritance, property, spousal support, custody, medical decision-making, and employment or insurance benefits, even if the necessary steps to formalize the relationship were not taken during its course.
The bill is currently under review, with further debates and potential amendments anticipated as lawmakers consider the implications of legally recognizing common-law marriages in Guam.
