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Common-Law Marriage: Which States Recognize It and What It Means

Photo: Paige Cody / Unsplash

A common-law marriage is a legally valid marriage without a license or ceremony, but only in places that recognize it. Living together for a long time does not automatically create one.

Typical requirements

  • Both partners are legally able to marry.
  • They agree to be married now, not in the future.
  • They live together as spouses.
  • They present themselves publicly as married.

Where it applies

Only a few jurisdictions allow people to create new common-law marriages, including Colorado, Iowa, Kansas, Montana, Rhode Island, Texas, Utah and the District of Columbia. Some other states recognize common-law marriages that began elsewhere. Rules and details change, so confirm current law for your state.

Why it matters

  • A common-law spouse needs a divorce to end the marriage.
  • Inheritance, property and spousal support rights may apply.
  • Benefits such as health insurance and Social Security survivor benefits may be affected.
  • Taxes and filing status may change.

Proving or avoiding it

  1. Keep documents showing how you presented yourselves, such as joint tax returns, leases and insurance.
  2. If you do not want a common-law marriage, avoid referring to each other as spouses and consider a written cohabitation agreement.
  3. If you need to prove one exists, collect witness statements and records.
  4. Consult a family law attorney.

Frequently asked questions

Is there a minimum time to live together?

No set number of years. It is about agreement and conduct.

Does moving to another state end it?

A valid common-law marriage is generally recognized in other states.

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