Keith Mack
Common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that is currently recognized in some form by 17 US states, seven of which, along with the District of Columbia, fully recognize it. Common-law marriage does not require a civil or religious ceremony, instead recognizing two cohabiting parties who consent to live like spouses. While the majority of states have taken steps to abolish common-law marriage, those that still recognize it have their own rules and requirements for qualification.
| Characteristics | Values |
|---|---|
| Number of states that fully recognize common law marriage | 7 plus the District of Columbia |
| Number of states that recognize common law marriage in some form | 17 |
| States that fully recognize common law marriage | Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, Texas, Utah, and the District of Columbia |
| States that recognize common law marriage for limited purposes | Alabama, Florida, Georgia, Idaho, Indiana, Ohio, Pennsylvania |
| States that do not recognize common law marriage | California, Wisconsin |
| Requirements for common law marriage | Live together for a specified time, be of legal age and capable of giving consent, be legally capable of entering a solemnized marriage, cohabit, mutually assume marital rights and duties, hold themselves out as husband and wife |
| Benefits of common law marriage | Legal rights, benefits, and protections similar to those of married couples |
| Drawbacks of common law marriage | May need a traditional divorce if the relationship ends, uncertainty about marital status and legal rights |
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What You'll Learn
Common law marriage is not recognised in all US states
In the United States, common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, survives in a limited number of states and the District of Columbia. It is also recognised in some provisions of military law and in two other states for limited purposes.
While the term "common-law marriage" is often used colloquially to refer to cohabiting couples, it is a much more complicated term that varies from state to state. The majority of states do not contract or legally recognise common-law marriages within their borders. However, they will typically recognise these unions if they are contracted by a different state. For example, California does not recognise common-law marriages, but it will acknowledge a common-law marriage if the couple obtained one in a state that does recognise it.
The specific requirements for a common-law marriage to be recognised differ in each state. For instance, in Utah, a common-law marriage will only be recognised if it has been validated by a court or administrative order. The couple must be of legal age and capable of giving consent, legally capable of entering a solemnised marriage, have cohabited, mutually assume marital rights and duties, and hold themselves out as husband and wife with a uniform and general reputation.
Some states have abolished common-law marriage but still recognise them if they began before a certain date or for a specific purpose. For example, Alabama recognises common-law marriages that began before 1 January 2017, while Florida recognises those created before 1 January 1968. Pennsylvania abolished common-law marriages after 1 January 2005, but it is uncertain whether courts will recognise those formed between the appellate court decision in 2003 and the effective date of the statute in 2005.
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Some states recognise common law marriages from before a certain date
While common law marriage is not recognised in all 50 states, some states do recognise common law marriages that were entered into before a certain date. These states include:
- Pennsylvania (if entered before 9/2003 or 1/2005)
- Ohio (if entered before 10/1991)
- Idaho (if entered before 1996)
- Georgia (if entered before 1997)
- Alabama (if entered before 1/2017)
- Florida (if entered before 1/1968)
- Indiana (if entered before 1/1958)
In addition, while New Hampshire does not recognise common law marriages, it does acknowledge a form of common law marriage for inheritance purposes. If a cohabiting couple acknowledges each other as married and is viewed as such by their community for three years, they will be considered legally married until one of them dies.
It is important to note that the laws regarding common law marriage vary from state to state, and some states have abolished it entirely. Individuals considering common law marriage should seek legal advice to understand the specific requirements and protections offered by their state.
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Some states recognise common law marriage for specific purposes
The recognition of common-law marriages varies across different states in the US. While some states have abolished it, others continue to recognise it if the marriage began before a specified date or for specific purposes.
For instance, New Hampshire only recognises common-law marriages for inheritance purposes. If a cohabiting couple acknowledges each other as married and is viewed as such by their community for three years, they will be considered legally married until one of them dies. Similarly, Alabama recognises common-law marriages that began before 1 January 2017, and Florida recognises those created before 1 January 1968. Other states that follow similar protocols include Georgia, Idaho, Indiana, Ohio, and Pennsylvania.
In addition, all states recognise common-law marriages if a couple is married in a common-law marriage state. According to the full faith and credit clause of the US Constitution, states without common-law marriage must recognise a common-law marriage from another state. However, this only applies if the couple's relationship meets all the requirements of a common-law marriage while living in a common-law marriage state.
Furthermore, the United States Department of Labor issued an amended definition of "spouse" under the Family and Medical Leave Act of 1993 (FMLA) in February 2015. The new rule extends FMLA leave rights and job protections to eligible employees in a same-sex or common-law marriage entered into in a state or jurisdiction where those statuses are legally recognised, regardless of the state in which the employee currently works or resides.
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Common law marriage is also known as informal marriage
In the United States, common-law marriage, also known as an informal marriage, is a form of irregular marriage that survives only in a few states and the District of Columbia, along with some provisions of military law. A couple that does not have a marriage license or certificate and never had a marriage ceremony can still meet specific state legal requirements to be considered legally wed. Common-law marriage is often used colloquially or by the media to refer to cohabiting couples, creating public confusion regarding the term and the legal rights of unmarried partners.
The recognition of common-law marriage varies across different states. While some states have abolished it, others recognize it if the relationship began before a certain date or for a specific purpose. For example, Alabama recognizes common-law marriage if it began before January 1, 2017, while Florida recognizes it if created before January 1, 1968. Pennsylvania abolished common-law marriages after January 1, 2005, but it is uncertain whether the state will recognize marriages between the appellate court decision date of September 17, 2003, and the effective date of the statute.
To be recognized as a common-law marriage, certain requirements must be met. Both parties must be of legal age to marry, be considered of sound mind, and intend to have their marriage recognized by the law. They must live together and hold themselves out as a married couple to others. The specific requirements vary across states, with Colorado, Iowa, and Texas having different age requirements for minors to marry with judicial or parental approval.
The recognition of common-law marriage can have significant consequences. If a couple is found to have a common-law marriage, they may be granted the rights and obligations of a spouse under the state's laws. This can impact various aspects, such as asset distribution, benefits, and legal protections, upon separation or the death of one partner. However, it is important to note that most states do not legally recognize common-law marriages, and individuals in informal unions should understand the legal ramifications of their specific state's laws.
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Requirements for common law marriage vary by state
Common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that currently survives in a few US states and the District of Columbia. The term is often used to refer to cohabiting couples, regardless of their legal rights, which can create confusion about the term and the rights of unmarried partners.
While some states have abolished common law marriage, others still recognize it if the relationship began before a certain date or for a specific purpose. For example, Pennsylvania abolished common-law marriages from 1 January 2005, but it is unclear whether marriages from after a 2003 court decision and before the 2005 statute will be recognized. Alabama abolished common-law marriages from 1 January 2017, but Florida, Georgia, Idaho, Indiana, Ohio, and Pennsylvania all recognize marriages that began before certain dates in the past.
There are seven states that currently fully recognize common-law marriage: Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, Texas, and Utah, as well as the District of Columbia. However, there are nuances to this. For example, Oklahoma has conflicting laws, and New Hampshire only recognizes common-law marriage for inheritance purposes.
The requirements for a common-law marriage to be recognized vary by state. In general, both parties must be of legal age and sound mind, and they must intend to have their marriage recognized by law. They must live together, although the length of time varies by state. For example, in Utah, a court or administrative order must validate the relationship, and the couple must have "acquired a uniform and general reputation as husband and wife". In Colorado, the guidelines are broader, including living together at the same permanent address and presenting themselves as spouses.
It is important to note that the law is subject to change, and individuals should seek legal advice if they are uncertain about their marital status.
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Frequently asked questions
A common-law marriage is an informal marriage where a couple does not have a marriage license or certificate and never had a marriage ceremony but still meets specific state legal requirements to be considered legally wed.
As of 2022, common-law marriages are recognized in Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah, South Carolina, and New Hampshire have limited recognition of common-law marriage. Some states have abolished common-law marriage but still recognize them if they began before a certain date or for a specific purpose.
Some people may desire a common-law marriage because of the legal rights it gives them. They may have been in a long-term relationship but do not wish to plan a formal or religious ceremony.
The requirements to contract a valid common-law marriage differ between jurisdictions. If you are uncertain about your marital status, consider seeking legal help. An attorney can determine if you live in a common-law marriage state and advise you on your legal rights.
