When a spouse files for divorce, there are several facts which must be sworn to on the Petition for Divorce, including the date of marriage and the date of separation. Most of the time parties are on the same page about these dates, and putting them in the divorce petition is nothing more than a court requirement. However, when they disagree about either the date of the marriage or, more commonly, the date of separation, you can bet it's because one party stands to benefit in some way (usually financially) from a longer marriage.
Actor/writer Ron White and his wife, Margo Rey, are currently at odds over the length of their marriage. Ron White's Wife Files For Divorce With a Twist, tmz.com, June 27, 2017. Both parties agree that they officially got married in October 2013 and separated in May 2017. However, Rey claims that they have had a common-law marriage since 2008. Common law marriage occurs when a couple lives together for a specified period of time (different in each state) and holds themselves out in public as a married couple. While, in Georgia, common law marriages cannot be entered into after January 1, 1997 O.C.G.A. § 19-3-1.1,, they are still valid in Texas, where White and Rey are divorcing. Thus, if White and Rey are found to have entered into a valid common law marriage in 2008, they would be considered to be married for 9 years, rather than 3 ½.
The length of the marriage can make a difference in the amount of spousal support awarded, as well as the distribution of marital assets. One of the factors a Judge will look at in determining the amount of alimony, if any, to be awarded is the length of the marriage. It naturally follows that a longer marriage can result in a larger amount of alimony. As far as equitable division of marital assets, it is not the length of the marriage that makes the biggest difference but, rather, the date that the marriage was entered into. This date can make a huge difference regarding which assets were acquired before the marriage, and thus separate property, and which assets were acquired after the marriage, and thus subject to equitable division. For these reasons, in situations where the length of the marriage is disputed, it is important for the Judge to look at the facts to determine the correct dates so that each party can be awarded what he/she is entitled upon the dissolution of the marriage.