Common law marriage is a legal concept where a couple is considered legally married without a formal ceremony or marriage license — based on their behavior, agreement, and public representation as spouses. However, not all U.S. states allow couples to form new common law marriages today. As of now, only a few states (plus Washington, D.C.) fully recognize common law marriage, while some others recognize limited or historical common law unions.
Here’s a breakdown of where common law marriage is currently legal (or partially recognized):
States (and D.C.) That Recognize New Common Law Marriages
According to legal sources, the following states still allow the creation of common law marriages today:
- Colorado
- Distrct of Columbia
- Iowa
- Kansas
- Montana
- Oklahoma
- Rhode Island
- Texas
- Utah
These jurisdictions recognize fully valid common law marriages based on mutual consent, cohabitation, and publicly identifying as a married couple.
States with Limited Recognition
Some states no longer allow new common law marriages but still recognize older ones (created before specific dates). Here are a few examples:
- Alabama — Recognizes common law marriages formed before January 1, 2017.
- Georgia — Recognizes only those formed before January 1, 1997.
- Idaho — Recognizes only those formed before January 1, 1996.
- Ohio — Recognizes those formed before October 10, 1991.
- Pennsylvania — Recognizes those formed on or before January 1, 2005.
- New Hampshire — Recognizes common law marriages for inheritance purposes only.
- South Carolina — Recognizes only those formed before July 24, 2019.
These states may treat a “legacy” common law marriage as valid for certain legal purposes, such as inheritance, support, or legal recognition of the relationship.
Recognition Across State Lines
Even if you move to a state that doesn’t allow new common law marriages, your valid common law marriage is often still recognized there — thanks to the Full Faith and Credit Clause of the U.S. Constitution.
That means a common law marriage legally formed in a “permitting” state typically carries over when you cross state lines.
Why It Matters
- Legal Rights: If you live in a state that recognizes common law marriage and meet its requirements, you may have the same legal rights as a formally married couple — such as inheritance, spousal support, tax benefits, and property division.
- Proof Is Key: Because there’s no license, courts will rely on evidence like joint financial accounts, public representation, and shared residence.
- Ending the Union: A common law marriage usually requires a formal divorce to end, just like a traditional marriage.
- Planning: If you’re in a long-term relationship, it’s important to know whether your state recognizes common law marriage — for financial planning, estate planning, and legal protection.
Frequently Asked Questions (FAQ)
Q1: How many states still allow common law marriage?
A: Only a small number. Currently, eight states plus Washington, D.C. allow new common law marriages.
Q2: If I live together in a non-common-law state, can we still be considered married?
A: Possibly — if your common law marriage was legally formed in a state that allows it, most states must recognize it under the Full Faith and Credit Clause.
Q3: Can I form a common law marriage after moving to a state that doesn’t recognize it?
A: No — you need to meet the legal criteria while living in a state that permits common law marriage.
Q4: What kind of evidence do courts look at to prove common law marriage?
A: Courts typically consider a “totality of circumstances”: joint bank accounts, shared property or lease, introductions as spouses, tax filings, and other proof that you present yourselves publicly as married.
Q5: Do same-sex couples count for common law marriage?
A: Yes. Common law marriage, where recognized, applies regardless of the couple’s genders, as long as they meet the state’s criteria.
Final Thoughts
Common law marriage is not a universal or automatic legal status — it depends heavily on which state you live in and how you live your life together. While only a few states allow new common law marriages, many more will recognize ones formed elsewhere. If you and your partner behave like spouses, understanding your state’s law could give you important legal protections. And when in doubt, it’s worth getting legal advice.
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