I am a common law in Arizona for the past 20 years. my spouse is retiring in 2 months. Can we marry now so that I can be his beneficiary?

First, Arizona does not recognize common law marriages.  For a marriage to be valid in Arizona, all of the following must occur:   25-111. Requirement of license and solemnization; covenant marriages A. A marriage shall not be contracted by agreement without a marriage ceremony. B. A marriage contracted within this state is not valid unless all of the following occur: 1. A license is issued as provided in this title. 2. The marriage is solemnized by a person authorized by law to solemnize marriages or by a person purporting to act in such capacity and believed in good faith by at least one of the parties to be so authorized. 3. The marriage is solemnized before the expiration of the marriage license. C. The requirements of this section do not apply to the conversion of an existing marriage that is valid in this state to a covenant marriage that complies with the requirements of section 25-902. Now if you moved from another state to Arizona where common law marriages were recognized, then your union maybe recognized, but it is not 100% guaranteed (and given the back lash with Arizona politicians over same-sex marriages not being recognized from other states, it is a long shot at best). You are free to marry at anytime, but you may not have to marry.  Being his beneficiary should be enough to get his retirement upon his death.  Your "spouse" should be able to appoint anyone he wants to be the beneficiary of his retirement. You would want to get married if you were concerned that you would not be entitled to some of your "spouse's" retirement benefits if you were to break up.  However, you would only be entitled to half of what benefits he accrued on his retirement from the date of your marriage.  Given that he is ready to retire, it would be little to no benefit to get married for this purpose. *The answer presented is merely informational in nature and does not create an attorney-client relationship between the question presenter and Laura B. Monte, Esq. or Donaldson Stewart, P.C.* *Laura B. Monte, Esq. is licensed to practice law only in the State of Arizona, therefore the answer provided is only based on Arizona law and case law.*