Cecily Zamora
Delaware is one of the few states that does not recognize common-law marriages. However, it upholds the validity of such unions formed in other states, in accordance with the Full Faith and Credit Clause of the United States Constitution. Instead of common-law marriages, Delaware allows couples intending to live together without a marriage license to enter into cohabitation agreements or civil unions, which confer many of the benefits of marriage without the title. Delaware's flexibility in corporate law, particularly its General Corporations Law, has made it a popular choice for incorporation, attracting numerous publicly traded and private companies.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage | Delaware does not recognize common-law marriages within the state. However, it upholds the validity of such unions formed in other states. |
| Civil unions | Delaware previously allowed civil unions, which were discontinued in 2013 after the Supreme Court decision to legalize same-sex marriages. |
| Cohabitation agreements | Delaware state law allows couples intending to live together without a marriage license to enter into a cohabitation agreement, providing legal standing and freedom to choose the terms of their arrangement. |
| Palimony laws | There are no specific palimony laws in Delaware, and living together for an extended period does not confer shared assets or legal entitlement to a partner's property. |
| Corporate laws | Delaware is known for its flexible and business-friendly corporate laws, making it a popular choice for company incorporation. |
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What You'll Learn
Delaware does not recognise common-law marriages
Common-law marriages are informal marriages where couples do not have a marriage license, marriage ceremony, or marriage certificate. Instead, they live together for some time and introduce themselves as "married" to friends, family, and the community. Common-law marriages have existed in the United States since 1877, and in 2021, they were still legally recognized in 10 states and the District of Columbia.
Delaware, however, does not recognize common-law marriages. There are no laws in Delaware providing for common-law marriage, and the state has never recognized such unions. This means that couples residing together in Delaware, even for an extended period, are not considered legally married and do not share assets or have a legal entitlement to each other's property.
Delaware does allow for cohabitation agreements, which are legal documents that give unmarried couples living together a legal standing. These agreements outline each spouse's rights and responsibilities, as well as asset division rules in the event of a separation. Cohabitation is a popular option in Delaware because it gives couples the freedom to choose the terms of their arrangement without government intervention.
While Delaware does not have specific palimony laws, courts have occasionally used contract law to help a spouse who was promised lifetime support but did not receive it. Additionally, in line with the Full Faith and Credit Clause of the United States Constitution, Delaware does recognize common-law marriages formed in other states where such unions are legal.
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Couples in Delaware can choose a cohabitation agreement
Delaware does not recognize common-law marriages as valid, meaning there are no laws providing for such arrangements. However, the state allows couples who intend to live together without a marriage license to choose a cohabitation agreement, also known as a "Common Law Partner Agreement." This is a legal document that outlines the rights, responsibilities, and financial arrangements between unmarried partners living together. It gives the couple the freedom to choose the terms of their arrangement without government intervention.
A cohabitation agreement is crucial for unmarried couples to protect their interests and ensure legal standing for their union. It provides clarity and certainty, especially in long-term relationships with significant assets or shared responsibilities. The agreement covers each partner's financial contributions, property rights, and responsibilities, as well as asset division rules in the event of a separation. It can also include provisions for inheritance and financial responsibilities for any children involved.
To create a comprehensive and enforceable cohabitation agreement in Delaware, both parties must use clear and formal language, ensuring all legal requirements are met. They should consider seeking legal advice to ensure the agreement complies with local laws and adequately protects their rights. Additionally, including provisions that allow for amendments in the agreement is essential to accommodate changes in circumstances over time.
While cohabitation agreements provide legal protections for unmarried couples, it is important to note that they do not carry the same rights and benefits as a traditional marriage. Marital property laws and other family laws related to marriage do not apply to unmarried couples, even in long-term relationships. Therefore, couples in Delaware who wish to secure similar rights to married couples without undergoing a formal marriage can benefit from a carefully drafted cohabitation agreement.
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Delaware upholds common-law marriages formed in other states
Delaware does not recognize common-law marriages formed within the state. There are no laws in Delaware providing for common-law marriage, and the state has no requirements for such arrangements. However, Delaware upholds common-law marriages formed in other states, in line with the Full Faith and Credit Clause of the United States Constitution. This clause states that states must respect the laws of other states, including those that recognize common-law marriages. As a result, Delaware will uphold the validity of common-law marriages formed in states where it is legal.
Common-law marriage is an informal marriage where couples do not have a marriage license, ceremony, or certificate. These marriages have existed in the United States since 1877 and are currently recognized in a handful of states, with a few others recognizing them in limited circumstances. Requirements for common-law marriage vary depending on state laws, but there are some general conditions that must be met. These include being of legal marrying age, not being married to someone else, not suffering from mental disabilities, and not being related in a way that would make the marriage incestuous.
In Delaware, couples who do not want a formal marriage can choose to enter into a cohabitation agreement, which is a legal arrangement that gives them the freedom to choose the terms of their union without government intervention. These agreements outline each spouse's rights and responsibilities, as well as asset division rules in the event of a divorce or separation. Delaware also previously allowed for civil unions, which were created to help same-sex couples live together when same-sex marriage was outlawed. These civil unions were later converted into marriages following a Supreme Court decision that repealed the prohibition of same-sex marriages.
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Delaware has no palimony law
In the state of Delaware, there is no palimony law. This means that a couple residing together for a period of two or more years has no shared assets or legal entitlement to a share of each other's property. Delaware has never recognized common-law marriage and does not have any laws providing for it.
However, Delaware upholds the validity of such unions formed in states where common-law marriage is legal. The state allows couples intending to live together without a marriage license to enter into a cohabitation agreement, which is a legally sanctioned arrangement that confers all the benefits of marriage except the title. These agreements outline each party's rights and responsibilities, as well as asset division rules in the event of a separation.
In cases of divorce, Delaware judges may award temporary alimony during proceedings and short-term or long-term (permanent) alimony afterward. Permanent support is rare and generally reserved for marriages lasting at least 20 years. Alimony payments can be enforced by the court, with penalties for non-payment including fines, garnished wages, liens on property, and even jail time.
Delaware law also addresses cohabitation in the context of alimony, requiring the receiving party to notify the other of remarriage or cohabitation. This is defined as regularly residing with another adult, regardless of sexual relations, and includes same-sex couples.
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Delaware has flexible corporate laws
Delaware has long been the gold standard for corporate law, and in 2025, that reputation remains as strong as ever. The state continuously evolves to stay business-friendly, competitive, and responsive to the needs of both corporations and investors.
The Delaware Court of Chancery is a unique, business-focused court that doesn't use juries. It consists of judges (called chancellors) who specialize in corporate law and are known for their deep expertise and efficiency. This court gives companies the benefit of fast resolutions, consistent rulings, and a vast library of precedent, which helps corporations understand what to expect if legal issues arise.
Delaware's General Corporation Law (DGCL) has offered businesses clarity, flexibility, and predictability. Companies can tailor their internal governance structures, making Delaware an ideal choice for both solo founders and complex multinational operations. That flexibility expanded even further in March 2025 with the passage of Senate Bill 21 (SB 21), which gives companies more control in navigating conflicted transactions.
Delaware also has relatively relaxed interest laws, so several national banks have decided to locate their principal office in the state. Additionally, Delaware charges no income tax on corporations not operating within the state, so taking advantage of its other benefits does not result in taxation.
Delaware has a comprehensive statutory and regulatory regime to protect the public from improper behavior by business entities, addressing topics such as worker safety, racial and sex discrimination, and environmental concerns.
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Frequently asked questions
No, Delaware does not recognize common-law marriages. However, if a couple became a couple in a state that recognizes common-law marriage and then moved to Delaware, their union would be recognized in Delaware.
A common-law marriage is an informal marriage where couples do not have a marriage license, marriage ceremony, or marriage certificate.
Requirements for common-law marriage vary depending on state laws, but there are general conditions that must be met, regardless of jurisdiction. These include being of legal marrying age (at least 16), not being married to someone else, not being under the influence of drugs or alcohol, and not being related by blood.
In Delaware, cohabitation is allowed by state law. Couples intending to live together without a marriage license can choose a cohabitation agreement, a legal document that outlines each spouse's rights and responsibilities, as well as asset division rules in the event of a divorce.
Delaware has a reputation for having favourable corporate laws, which is why more than half of America's publicly traded corporations are incorporated there. The state's flexible General Corporations Law gives businesses a lot of options regarding corporate structure and shareholder relationships, without imposing many minority rights or "good conduct" rules.
