If a common law marriage is established, then the spouses hold all of the same legal rights as a couple who have a marriage license. These rights become important in the event of a death or a divorce, especially if you share children, property, and assets. If common law marriage is not established and the couple later decides to separate, then they will not have the same legal protections as a married couple. This can cause problems with things like property division, custody arrangements, and spousal support.