Common-law marriage: which states recognize it and how to prove it

What a common-law marriage is, and what it is not

Social Security's operations manual, which applies every state's law to benefit claims, lists the usual requirements: the couple agree to become a married couple from that time on, without a ceremony; both intend to marry and consider themselves married; both are legally able to marry; the marriage is formed in a state that recognizes common-law marriage; and in some states the couple must live together and hold themselves out to the public as married. The IRS sums it up as three features: a present agreement to be married, cohabitation, and public representations of marriage. SSA POMS GN 00305.060 · Rev. Rul. 2013-17

• An agreement to be married now, not later. The agreement must be in the present tense, contemplate a permanent union exclusive of all others, and create a status that can end only the way a ceremonial marriage ends. An intent to be married at some future time is not enough: in 2024 the Iowa Court of Appeals rejected a claim because the couple spoke of marrying only in a distant future.SSA POMS GN 00305.060 · In re Marriage of Nichols (Iowa Ct. App. 2024)
• Living together is not enough on its own. Cohabitation alone does not create a marriage. Colorado courts upheld a finding of no common-law marriage where a couple lived together for seven years but filed separate tax returns and had decided against marrying.In re Marriage of Carey, 2026 COA 3
• No minimum number of years. Iowa's rule says no special time limit is necessary to establish a common-law marriage, and the Texas, Kansas, Montana and Utah statutes set none. The exception is New Hampshire, which counts 3 years, and only when one partner dies. In Montana, short periods of living together are not enough to show the public repute the courts require.Iowa Admin. Code r. 701—301.4(3) · RSA 457:39 · SSA POMS GN 00305.075
• Both must be free, and old enough, to marry. Neither partner can be married to someone else. Texas and Kansas require both partners to be at least 18, and so does Colorado for a common-law marriage formed on or after September 1, 2006.Tex. Fam. Code § 2.401(c), (d) · K.S.A. 23-2502 · C.R.S. § 14-2-109.5
• It is a full marriage, and there is no common-law divorce. If established, a common-law marriage is as valid as a ceremonial marriage. It ends only by death, divorce or annulment; moving out, splitting up or later calling yourselves single does not end it.SSA POMS GN 00305.060, GN 00305.076 · In re Marriage of Nichols (Iowa Ct. App. 2024)

States that recognize common-law marriage today

On October 21, 2026, a couple could still form a new common-law marriage in 7 states (Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island and Texas) and in the District of Columbia. Utah and New Hampshire recognize one only in narrow cases. The requirements differ, so read your state's entry; the tool at the top shows it for the date your marriage began.

• Colorado. Recognized. Courts ask whether the couple mutually agreed to enter the legal and social institution of marriage, followed by conduct showing that agreement; the key question is whether they mutually intended to share a life together as spouses. Courts may weigh joint bank and credit accounts, jointly owned property, joint tax returns, joint estate planning including wills, and symbols of commitment. A common-law marriage formed on or after September 1, 2006 is valid only if both partners were 18 or older and the marriage is not otherwise prohibited. The state registrar cannot verify a common-law marriage, but a couple may sign an affidavit of marriage before a notary and file it with a county clerk and recorder.C.R.S. § 14-2-109.5 · Hogsett v. Neale, 2021 CO 1 · In re Marriage of Carey, 2026 COA 3
• District of Columbia. Recognized. It takes an express mutual agreement to enter into a present marriage, followed by living together; the words exchanged must make clear that both consented to marry. The D.C. Attorney General's office calls the conditions very stringent, and says the surest way to put both parents' names on a birth certificate is to establish parentage by acknowledgment or court order.SSA POMS GN 00305.075 · D.C. Office of the Attorney General
• Iowa. Recognized, with four elements: a present intent of both partners, freely given, to become married; a public declaration or holding out to the public as spouses; continuous cohabitation; and capacity to marry. No special time limit is necessary. Courts regard these claims with suspicion and call public holding out the acid test: there can be no secret common-law marriage.Iowa Admin. Code r. 701—301.4(3) · In re Marriage of Nichols (Iowa Ct. App. 2024)
• Kansas. Recognized. An agreement to be married may be implied where the partners lived together as spouses and were reputed to be married, and evidence of living together after the agreement is not required. Since July 1, 2011, Kansas does not recognize a common-law marriage if either partner is under 18.K.S.A. 23-2502 · SSA POMS GN 00305.075
• Montana. Recognized: the marriage statutes say common-law marriages are not invalidated. The partner claiming the marriage must prove, by a preponderance of the evidence, that both were competent to marry, assumed a marital relationship by mutual consent and agreement, and confirmed it by living together and public repute. Short periods of living together are not enough to show public repute.MCA 40-1-403 · SSA POMS GN 00305.075
• Oklahoma. Recognized. The state teachers' retirement system lists the elements on its sworn form: an actual and mutual agreement to be spouses, a permanent and exclusive relationship, living together as spouses, and presenting yourselves to the community as a married couple, with both partners 18 or older and neither married to someone else. A temporary stay by nonresidents is not enough.Oklahoma TRS Form 12 · SSA POMS GN 00305.075
• Rhode Island. Recognized, according to Social Security's digest of state law, which adds that a couple whose ceremonial marriage was bigamous can become common-law spouses once the impediment is removed, if clear and convincing evidence shows they always intended to be married. The Rhode Island legislature's website refused our connection on October 21, 2026, so we could not check the statute books for a later change.SSA POMS GN 00305.075
• Texas. Recognized as an informal marriage, proved in one of two ways: a signed declaration of informal marriage, or evidence that the couple agreed to be married and after that lived together in Texas as spouses and there represented to others that they were married. Both must be 18 or older and not married to anyone else. See the Texas section below.Tex. Fam. Code §§ 2.401, 2.402
• Utah: only by court order, and only until May 5, 2027. Since May 6, 2026, a marriage that was not solemnized is valid only if a court enters an order on a petition filed before May 5, 2027, and during the relationship or within 1 year after it ends. The court must find that the partners were of legal age and able to consent, legally able to marry, lived together, mutually assumed marital rights, duties and obligations, and held themselves out as, and were generally known as, spouses. On and after May 5, 2027, no petition can be filed. The rule used to be Utah Code § 30-1-4.5, renumbered on September 1, 2024, which also allowed an administrative order.Utah Code § 81-2-408 · S.B. 110 (2026)
• New Hampshire: only at death. Partners who are able to marry each other, live together, acknowledge each other as spouses and are generally reputed to be spouses for 3 years, and until one of them dies, are deemed legally married. To be married while both are alive, marry with a license.RSA 457:39 · SSA POMS GN 00305.075

States that abolished it: the cutoff dates

In these 15 states a couple can no longer form a common-law marriage, but one validly formed before the cutoff still counts, and still has to be ended by divorce. Read each cutoff closely: some laws say "after" a date and others "on or after". SSA POMS GN 00305.075 and the laws cited

1. July 24, 2019 · South Carolina

   The state Supreme Court ended new common-law marriages in Stone v. Thompson, 833 S.E.2d 266 (S.C. 2019). One that began before July 24, 2019 is still valid if proved by clear and convincing evidence; the test is mutual assent, each intending to be married to the other.

2. January 1, 2017 · Alabama

   None may be entered into on or after January 1, 2017; those entered into before it remain valid (Ala. Code § 30-1-20). The Department of Revenue honors pre-2017 common-law marriages for state income tax.

3. January 1, 2005 · Pennsylvania

   No common-law marriage contracted after January 1, 2005 is valid, so it must have been contracted on or before January 1, 2005, that is, before January 2, 2005 (23 Pa.C.S. § 1103). The couple must have exchanged words in the present tense to become spouses, proved by clear and convincing evidence.

4. January 1, 1997 · Georgia

   Only a common-law marriage entered into before January 1, 1997.

5. January 1, 1996 · Idaho

   Only one created before January 1, 1996 by a mutual assumption of marital rights, duties or obligations (Idaho Code § 32-201).

6. October 10, 1991 · Ohio

   Only before October 10, 1991, proved by clear and convincing evidence. Ohio recognizes common-law marriages validly entered into in other states or nations.

7. January 1, 1968 · Florida

   No common-law marriage entered into after January 1, 1968 is valid, so only those before January 2, 1968 count (Fla. Stat. § 741.211).

8. July 1, 1959 · South Dakota

   Only a marriage consented to and consummated before July 1, 1959 (SDCL 25-1-29).

9. January 1, 1958 · Indiana

   A common-law marriage entered into after January 1, 1958 is void, so only those before January 2, 1958 count (IC 31-11-8-5). Indiana recognizes common-law marriages validly entered into in other states.

10. January 1, 1957 · Michigan

    Only before January 1, 1957, proved by clear and convincing evidence. Michigan recognizes common-law marriages validly entered into in other states.

11. April 5, 1956 · Mississippi

    Only before April 5, 1956.

12. March 29, 1943 · Nevada

    Only before March 29, 1943.

13. April 26, 1941 · Minnesota

    Marriages after April 26, 1941 without a license and solemnization are void, so only those before April 27, 1941 count (Minn. Stat. § 517.01).

14. December 1, 1939 · New Jersey

    Only before December 1, 1939.

15. April 29, 1933 · New York

    Only before January 1, 1902, or from 1908 through April 28, 1933; none on or after April 29, 1933. New York recognizes one validly contracted in another state or country unless it violates New York law.

Alaska, Illinois and Wisconsin also stopped long ago: Alaska recognized marriages without a ceremony only from March 7, 1939 through December 31, 1963, and then only with a license; Illinois has not allowed common-law marriages contracted after June 30, 1905; and Wisconsin has not recognized them after 1917. SSA POMS GN 00305.075

Texas: the declaration of informal marriage

Texas calls it an informal marriage, and lets a couple register it at the courthouse. A marriage can be proved in any court or agency proceeding in one of two ways: by a signed declaration of informal marriage, or by evidence that the couple agreed to be married and after the agreement lived together in Texas as spouses and there represented to others that they were married. Tex. Fam. Code § 2.401(a)

1. 1Check that you both qualify. Both of you must be 18 or older, and neither may be married to someone else. § 2.401(c), (d)
2. 2Go to the county clerk together. The declaration is signed on a form prescribed by the bureau of vital statistics and provided by the county clerk. The clerk checks each party's proof of identity and age, gives each of you the oath and has each of you sign in the clerk's presence. In Travis County both parties must appear together, and the fee is $45.00. §§ 2.402, 2.403, 2.404 · Travis County Clerk
3. 3Swear to the facts and the date. The printed oath says that on or about a date you agreed to be married, that after that date you lived together as spouses and in Texas represented to others that you were married, and that neither of you has married anyone else since. The declaration shows the date you agreed to be married. § 2.402(b)(6) · Travis County Clerk
4. 4Keep the recorded copy. The clerk records the declaration, gives you the original and sends a copy to the bureau of vital statistics. A recorded declaration is prima facie evidence of the marriage. § 2.404(c), (d)

A Texas informal marriage ends like any other: by filing for divorce, with property division and, where it applies, spousal maintenance decided by the court.

How to prove a common-law marriage

Outside Texas there is usually no certificate, so you prove a common-law marriage with evidence of the agreement and of the life you built. The person claiming the marriage carries the burden. Indiana, Michigan, Ohio, Pennsylvania and South Carolina require clear and convincing evidence; Montana requires a preponderance of the evidence. SSA POMS GN 00305.075

• Social Security: two forms and corroboration. Social Security asks each spouse for form SSA-754 (Statement of Marital Relationship) and a blood relative of each spouse for form SSA-753 (Statement Regarding Marriage). When one spouse has died, it asks the survivor for an SSA-754, one of the survivor's blood relatives for an SSA-753, and two blood relatives of the deceased spouse for SSA-753s. It also looks for corroborating evidence such as mortgage or rent receipts, insurance policies, medical records and bank records.SSA POMS GN 00305.065
• The VA: sworn statements from you and from people who knew you. Where marriages without a ceremony are recognized, the VA accepts affidavits or certified statements from one or both partners setting out the agreement at the start of cohabitation, the period of living together, the places and dates of residence and any children, supported by statements from two or more people who saw the relationship and know whether you were accepted as married where you lived.38 C.F.R. § 3.205(a)(6)
• Courts: the whole picture. Colorado courts weigh joint bank and credit accounts, jointly owned property, joint tax returns, joint estate planning including wills, and symbols of commitment. South Carolina courts weigh living together, introducing each other as spouses, joint tax returns, documents signed under penalty of perjury naming each other as spouses, joint bank accounts and raising children together.Hogsett v. Neale, 2021 CO 1 · Stone v. Thompson, 833 S.E.2d 266 (S.C. 2019)
• Proof of a shared home. Oklahoma's teachers' retirement system, for example, asks for a lease, deed or mortgage naming both partners, driver's licenses or passports with the same address, or utility bills at the same address, along with a statement of the marriage both partners sign under penalty of perjury before a notary.Oklahoma TRS Form 12
• Be consistent. Mixed signals can defeat the claim. In 2024 the Iowa Court of Appeals found no marriage even though the couple had filed about twenty years of joint married tax returns, because they called themselves single whenever that paid better.In re Marriage of Nichols (Iowa Ct. App. 2024)

Social Security, taxes, veterans' benefits and inheritance

• Social Security follows state law. Social Security decides common-law marriages under state law. If it finds a valid common-law marriage, it can pay spouse's or widow(er)'s benefits and the lump-sum death payment on your partner's record. The law of the place where a marriage occurred ordinarily decides whether it is valid, and other states usually recognize it. In Texas and Utah, Social Security also applies those states' time limits for proving the marriage.SSA POMS GN 00305.005, GN 00305.065, GN 00305.076
• Federal income tax: married if the state says so. You are considered married for the whole year if, on the last day of the year, you live together in a common-law marriage recognized in the state where you now live or in the state where it began. The IRS has treated such couples as married, and let them file joint returns, even after they move to a state that requires a ceremony; its regulation recognizes a marriage valid in the state where it was entered into, regardless of where you live now. A registered domestic partnership or civil union is not a marriage for federal tax purposes.IRS Publication 501 · Rev. Rul. 2013-17 · 26 C.F.R. § 301.7701-18
• State income tax. Iowa recognizes all valid common-law marriages for income tax, and Alabama honors common-law marriages entered into before January 1, 2017 for its income tax.Iowa Admin. Code r. 701—301.4 · Alabama Department of Revenue
• Veterans' benefits. The VA accepts proof of a marriage without a ceremony where the state recognizes one, through the sworn statements described in How to prove it.38 C.F.R. § 3.205(a)(6)
• Inheritance. A valid common-law marriage is as valid as a ceremonial one, so a surviving common-law spouse is a spouse when the estate goes through probate, including when there is no will. Expect to prove the marriage first. In New Hampshire the 3-year rule applies at death, and in Tennessee a partner who believed in good faith that the marriage was valid may be treated as a spouse for inheritance there only.In re Marriage of Nichols (Iowa Ct. App. 2024) · SSA POMS GN 00305.075, GN 00305.076

If you are not married under your state's law, none of these spouse rules help you. Unmarried partners plan for each other with a will, a living trust, beneficiary designations and a power of attorney. After a death, see how state inheritance taxes and the small estate affidavit work.

Ending a common-law marriage: there is no common-law divorce

A common-law marriage ends only the way a ceremonial marriage does: by death, divorce or annulment. Oklahoma's retirement system puts it plainly: when a common-law marriage exists, the couple must go through a formal divorce to end the relationship. Before either partner marries someone else, the common-law marriage has to be ended, or the new marriage may be invalid. SSA POMS GN 00305.060, GN 00305.076 · Oklahoma TRS Form 12

1. 1Prove the marriage in the divorce case. The court first decides whether a marriage existed. In the 2024 Iowa case the court found none and dismissed the divorce petition. In a Colorado divorce reviewed on appeal in 2026, the magistrate first ruled on whether the couple had been common-law married before their wedding, and found they had not.
2. 2Watch the state deadlines. In Texas, start within 2 years after you separate, or you must overcome the presumption that there was no agreement. In Utah, a petition to validate the marriage must be filed within 1 year after the relationship ends and before May 5, 2027.
3. 3Then the usual divorce issues. Once the marriage is proved, it is treated like any other: see residency and filing rules, dividing property, alimony, custody and child support.
4. 4Children do not depend on the marriage. Unmarried parents can establish parentage and get child support and custody orders; in D.C., the Attorney General's office says the surest way to put both parents' names on a birth certificate is an acknowledgment of parentage or a court order. Children of a Texas common-law marriage that was never proved in time are still legitimate from birth for Social Security.

Worked examples

1. A Texas couple who signed a declaration. Tex. Fam. Code §§ 2.401, 2.404 · Travis County Clerk

Agreed to be married

June 1, 2010They then lived together in Austin and told family and friends they were married.

At the Travis County Clerk

$45.00Both appear together, both are 18 or older, show ID, take the oath and sign; the declaration says that on or about June 1, 2010 they agreed to be married.

Result

Prima facie evidenceThe recorded declaration is prima facie evidence of the marriage. The 2-year presumption in § 2.401(b) applies only to marriages proved the other way, by agreement, living together and holding out.

2. Pennsylvania: 2003 versus 2006. 23 Pa.C.S. § 1103 · SSA POMS GN 00305.075

Couple A, began 2003

Can be validThey exchanged words in the present tense to become spouses in 2003, before the January 1, 2005 cutoff. They must prove it by clear and convincing evidence, and if they split up they need a divorce.

Couple B, began 2006

Not validA common-law marriage contracted after January 1, 2005 is not valid in Pennsylvania. To be married there, they need a marriage license.

3. Utah: the petition deadline. Utah Code § 81-2-408

Relationship ended March 1, 2026

File by March 1, 2027The petition is due within 1 year after the relationship ended, which falls before the May 5, 2027 bar.

Relationship ended September 1, 2026

File before May 5, 2027One year would run to September 1, 2027, but no petition can be filed on or after May 5, 2027, so the earlier date controls.

4. Two couples for whom years together were not enough. In re Marriage of Carey, 2026 COA 3 · In re Marriage of Nichols (Iowa Ct. App. 2024)

Colorado

Seven years togetherLiving together for seven years with separate tax returns, after deciding against marrying, was not a common-law marriage (Estate of Wires, cited by the Colorado Court of Appeals on January 15, 2026).

Iowa

About twenty years of joint returnsA couple together for over twenty years filed joint married returns, yet claimed single status when it paid; the Iowa Court of Appeals found no marriage on February 21, 2024.

Common-law marriage by state: all 50 states and DC

Status on October 21, 2026, read from each state's statute, court or agency page where we could reach it, and otherwise from Social Security's digest of state laws (POMS GN 00305.075, in effect since May 30, 2023). A cutoff means a marriage formed before that date still counts. The tool at the top uses these rules. SSA POMS GN 00305.075

If you move to another state

A common-law marriage validly formed in one state usually stays valid when you move. Social Security's rule is that the law of the place where a marriage occurred ordinarily decides whether it is valid, and other states usually recognize it, unless it violates the law or public policy of the state where you live. Its digest says California, Indiana, Michigan, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin and Wyoming recognize common-law marriages validly entered into elsewhere, Louisiana ordinarily does, and New York does unless the marriage violates its law. SSA POMS GN 00305.005, GN 00305.075

• A short visit does not create one. Colorado, Ohio, Oklahoma and Texas do not treat a temporary stay by nonresidents as forming a common-law marriage, and Illinois, Minnesota and Wisconsin do not recognize one that their residents claim from a brief trip to a common-law state.SSA POMS GN 00305.075
• Arizona and evasion. Arizona does not recognize a common-law marriage that Arizona residents form in another state if they meant to evade Arizona's laws.SSA POMS GN 00305.075
• Federal taxes look to where it began. The IRS treats you as married if the marriage was valid in the state where it began, even after you move to a state that requires a ceremony.Rev. Rul. 2013-17 · IRS Publication 501

What to do next

Common questions

Official sources

1. SSA POMS GN 00305.075: State laws on validity of common-law marriages, the digest for every state (effective May 30, 2023) secure.ssa.gov
2. SSA POMS GN 00305.060: Common-law marriage, general requirements (agreement in the present tense; ends only by death, divorce or annulment) secure.ssa.gov
3. SSA POMS GN 00305.065: Developing common-law marriages (forms SSA-754 and SSA-753; corroborating evidence) secure.ssa.gov
4. SSA POMS GN 00305.076: Applying state time limits to common-law marriages (Texas and Utah; effective June 15, 2026) secure.ssa.gov
5. SSA POMS GN 00305.005: Determining marital status (law of the place where a marriage occurred) secure.ssa.gov
6. IRS Publication 501 (2025): Considered married (common law marriage recognized where you live or where it began) irs.gov
7. IRS Revenue Ruling 2013-17 (common-law marriages and Revenue Ruling 58-66; joint returns after a move) irs.gov
8. 26 C.F.R. § 301.7701-18: Definitions; spouse, marriage (recognized by the state where entered into, regardless of domicile) govinfo.gov
9. 38 C.F.R. § 3.205: VA proof of marriage, including marriages other than by ceremony (paragraph (a)(6)) govinfo.gov
10. Texas Family Code chapter 2, subchapter E: §§ 2.401 to 2.406, informal marriage and the declaration tcss.legis.texas.gov
11. Travis County Clerk, Texas: Informal marriage license (both appear together; $45.00) traviscountytx.gov
12. Utah Code § 81-2-408 (effective May 6, 2026): validity of marriage not solemnized; no petition on or after May 5, 2027 le.utah.gov
13. Utah S.B. 110, Marriage Amendments (2026 General Session), enrolled copy le.utah.gov
14. K.S.A. 23-2502: Common-law marriage (under 18 years of age; L. 2011, ch. 26, July 1) kslegislature.gov
15. MCA 40-1-403 (Montana Code Annotated 2025): Validity of common-law marriage mca.legmt.gov
16. Iowa Admin. Code r. 701—301.4(3): Common law marriage (no special time limit; recognized for income tax) legis.iowa.gov
17. Iowa Court of Appeals No. 23-0767, In re Marriage of Nichols (February 21, 2024) iowacourts.gov
18. Colorado Court of Appeals, In re Marriage of Carey, 2026 COA 3 (January 15, 2026), applying Hogsett v. Neale, 2021 CO 1 coloradojudicial.gov
19. Colorado Department of Public Health and Environment, Vital Records: common-law marriage (affidavit of marriage) cdphe.colorado.gov
20. Oklahoma Teachers' Retirement System, TRS Form 12: Statement of common law marriage and guidelines (July 1, 2025) oklahoma.gov
21. D.C. Office of the Attorney General: Parentage and paternity, marriage and domestic partnerships oag.dc.gov
22. Alabama Department of Revenue, Form 40A booklet: common law marriages entered into before January 1, 2017 revenue.alabama.gov
23. Florida Statutes § 741.211 (2026): Common-law marriages void (after January 1, 1968) flsenate.gov
24. Indiana State Personnel Department: IC 31-11-8-5 (common law marriage entered into after January 1, 1958 is void) in.gov
25. Minnesota Statutes § 517.01: marriages after April 26, 1941 not so contracted are void revisor.mn.gov
26. Bucks County, Pennsylvania, Register of Wills: 23 Pa.C.S. § 1103 (January 1, 2005) buckscounty.gov
27. SDCL 25-1-29: common-law marriages before July 1, 1959 not invalidated sdlegislature.gov
28. U.S. Railroad Retirement Board legal opinion L-2001-07: Idaho Code § 32-201, no common-law marriage after January 1, 1996 govinfo.gov

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