Common Law Marriage: State Guide

Only a handful of states have common law marriages. A few other states have limited common law marriage. What is the purpose of common law marriage and why is it significant?

If you have been in a long-term relationship but never completed the paperwork to get officially married, you could still be entitled to the same benefits available for married couples, depending on your state.

The benefits of common law marriage include:

• The right to inherit when your spouse dies
• The right to spousal support (alimony) and social security benefits
• Division of property (in the case of a divorce)
• A potentially lower tax rate on joint tax returns

See FindLaw’s Living Together: Laws and Rights and Marriage Law sections for more information and resources.

Here, you will find lists of states which fully recognize common law marriage, states with limited common law marriage, and definitions of common law marriage in each state.

States With Full or Limited Recognition of Common Law Marriage

The following list of states recognize common law marriage (fully or limited):

• Alabama (if created before Jan. 1, 2017)
• Colorado
• District of Columbia
• Florida (if created before Jan. 1, 1968)
• Georgia (if created before Jan. 1, 1997)
• Idaho (if created before Jan.1, 1996)
• Indiana (if created before Jan. 1, 1958)
• Iowa
• Kansas
• Montana
• New Hampshire (for inheritance purposes only)
• Ohio (if created before Oct. 10, 1991)
• Oklahoma
• Pennsylvania (if created before Jan. 1, 2005)
• Rhode Island
• South Carolina (if created before July 24, 2019)
• Texas

States With Full Common Law Marriage

The following list of states fully recognize common law marriage:

• Colorado
• District of Columbia
• Iowa
• Kansas
• Montana
• Oklahoma
• Rhode Island
• Texas

States With Limited Common Law Marriage

Some states have abolished common law marriage but still recognize common law marriages if they began before a certain date or for a specific purpose.

The following list of states recognize limited common law marriage:

• Alabama (if the marriage began before Jan. 1, 2017)
• Florida (if created before Jan. 1, 1968)
• Georgia (if created before Jan. 1, 1997)
• Idaho (if created before Jan. 1, 1996)
• Indiana (if created before Jan. 1, 1958)
• New Hampshire (for inheritance purposes only)
• Ohio (if created before Oct. 10, 1991)
• Pennsylvania (if created before Jan. 1, 2005)
• South Carolina (if created before July 24, 2019)

What If We Move to a Different State? Do We Still Have a Valid Common Law Marriage?

All states recognize common law marriages if a couple is married in a common law marriage state. Under the United States Constitution, the full faith and credit clause says that states must respect other states' laws.

This means states without common law marriage still must recognize a common law marriage from another state. But this only applies if a couple's relationship meets all the requirements of a common law marriage while living in a common law marriage state.

But what happens if you are legally common law married and move to a state that does not have common law marriage?

Consider these examples:

A couple was common law married in Colorado (a common law marriage state) and moved to Ohio (a limited common law marriage state).

Another couple is common law married in Texas (a common law marriage state) and moves to California, which does not have common law marriage.

In both examples, Ohio and California will recognize that the Colorado and Texas couples are legally married (even though Ohio and California are limited and non-common law marriage states) because of the Constitution's full faith and credit clause.

Same-Sex Couples and Common Law Marriage

Same-sex couples can be common law married. In 2015, the Supreme Court ruled in Obergefell v. Hodges that same-sex couples have the right to marry. The 2022 Respect for Marriage Act also provides protections for same-sex marriages.

For more on same-sex marriages and common law marriage, see FindLaw’s What is Common Law Marriage?

State Definitions of Common Law Marriage

The following states recognize common law marriage. The chart below provides the requirements for a common law marriage to be considered legal in each state.

Note: The law is changing in some states. Check the family laws in your state for up-to-date information.

Do You Have a Common Law Marriage? Talk to an Attorney for Legal Advice

Whether your marital relationship is a common law marriage can enormously impact your life. 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.

End the guesswork and contact a local family law attorney today.