Common Law Marriage by State in United States

Common Law Marriage is recognized in certain states, where couples can legally marry without a formal ceremony or license. However, the legal status of Common Law Marriage varies across the United States. This guide covers which states allow, previously allowed, or do not permit Common Law Marriage, as well as the legal implications for couples living together without a formal marriage.

Which states currently allow Common Law Marriage?

The following states allow Common Law Marriage, where couples living together and presenting themselves as married may be recognized legally without a formal marriage ceremony:

Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, Utah.

Which states previously allowed Common Law Marriage?

Some states used to recognize Common Law Marriage but no longer do so. These states had laws in place at one time that allowed couples to be legally married without a formal ceremony, but the laws have since changed:

Alabama, Florida, Georgia, Indiana, Ohio, Pennsylvania.

Which states do not allow Common Law Marriage?

The following states do not recognize Common Law Marriage, and couples in these states must go through a formal marriage process to be legally married:

Alaska, Arizona, Arkansas, California, Connecticut, Delaware, Hawaii, Idaho, Illinois, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Dakota, Tennessee, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.

Why do some states recognize Common Law Marriage and others don't?

The recognition of Common Law Marriage varies due to historical, cultural, and legal reasons. States that allow Common Law Marriage tend to place more value on individual relationships, whereas those that do not recognize it emphasize formal legal processes for marriage. The differences in recognition also reflect variations in state legal traditions and the role of government in marriage regulation.

What are the legal implications of Common Law Marriage?

For states that recognize Common Law Marriage, couples enjoy the same legal rights as formally married couples, including rights related to inheritance, taxation, and property division. In states where Common Law Marriage is not recognized, couples living together without a formal marriage may not have these same legal protections, and they may face challenges in situations like property division or medical decisions.