Marriage and divorce
Common-law marriage: which states recognize it
Pick a state to see whether a common-law marriage can be formed there today, and if it was abolished, from which date. Facts only, no legal advice.
Does your state recognize common-law marriage?
Common-law marriage · Texas
Yes, still
| Date | – |
| Note | Informal marriage (Tex. Fam. Code 2.401); both partners 18 or older |
A common-law marriage is a marriage formed without a license or ceremony, when a couple who may legally marry agree to be married, live together and present themselves to others as spouses. Living together for a number of years is not enough on its own, and no state creates a common-law marriage simply after seven years, a widespread myth. In 2026, the jurisdictions read for this site where a common-law marriage can still be formed are Colorado, District of Columbia, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, Texas and Utah, each with its own conditions; some limit it, for example to inheritance cases. 18 states abolished it at a given date: a common-law marriage validly formed there before that date generally remains valid, but none can be formed after it. The other states do not recognize one formed on their soil, though several respect one formed validly elsewhere. A common-law marriage validly formed in one state is generally recognized by the others, and it ends only by divorce or death, like any marriage. Texas lets couples record an informal marriage with a declaration at the county clerk, which gives them a marriage record. Each status comes from the Social Security Administration's digest of state laws (POMS GN 00305.075, revised May 30, 2023), checked against a 2025 report of the Connecticut legislature and, for South Carolina, the state's own ruling. This page states what those official texts say; whether a particular relationship is a marriage is a question for a lawyer or a court.
Marriage license fee in your state
License · Colorado
$30
| Who sets the fee | each county or town |
| Course discount | none |
| Example | – |
Fees and rules read on official pages by Radif Partners · Editorial policy · How the fees are checked
The status in each state
“Date” is the first day on which a new common-law marriage could no longer be formed, as given by the Social Security Administration's digest of state laws (POMS GN 00305.075, revised May 30, 2023, read on October 24, 2026). “Not recognized” is the digest's wording: it does not say whether the state once allowed it. Alabama, Pennsylvania, Texas and Utah are checked against the Connecticut legislature's 2025 report, and South Carolina against its Department of Revenue ruling.
| State | Common-law marriage | Date | Note |
|---|---|---|---|
| Alabama | Abolished | 2017-01-01 | Ala. Code 30-1-20; marriages formed before the cutoff stay valid |
| Alaska | Abolished | 1964-01-01 | Recognized only from March 7, 1939 to December 31, 1963 |
| Arizona | Not recognized | – | – |
| Arkansas | Not recognized | – | – |
| California | Not recognized | – | Recognizes one validly formed in another state |
| Colorado | Can still be formed | – | Both partners must be 18 or older if formed on or after September 1, 2006 (C.R.S. 14-2-109.5) |
| Connecticut | Not recognized | – | – |
| Delaware | Not recognized | – | – |
| District of Columbia | Can still be formed | – | D.C. Code 16-921 allows an action to affirm a marriage |
| Florida | Abolished | 1968-01-02 | Fla. Stat. 741.211: invalid if formed after January 1, 1968 |
| Georgia | Abolished | 1997-01-01 | O.C.G.A. 19-3-1.1 |
| Hawaii | Not recognized | – | – |
| Idaho | Abolished | 1996-01-01 | Idaho Code 32-201 |
| Illinois | Abolished | 1905-07-01 | Invalid if formed after June 30, 1905 |
| Indiana | Abolished | 1958-01-01 | Ind. Code 31-11-8-5 |
| Iowa | Can still be formed | – | Iowa Code 252A.3(8) also treats it as a marriage for support |
| Kansas | Can still be formed | – | K.S.A. 23-2502: neither partner may be under 18 |
| Kentucky | Not recognized | – | – |
| Louisiana | Not recognized | – | – |
| Maine | Not recognized | – | – |
| Maryland | Not recognized | – | – |
| Massachusetts | Not recognized | – | – |
| Michigan | Abolished | 1957-01-01 | Recognizes one validly formed in another state |
| Minnesota | Abolished | 1941-04-27 | – |
| Mississippi | Abolished | 1956-04-05 | – |
| Missouri | Not recognized | – | – |
| Montana | Can still be formed | – | Statute (Mont. Code 40-1-403) |
| Nebraska | Not recognized | – | – |
| Nevada | Abolished | 1943-03-29 | – |
| New Hampshire | Can still be formed | – | Only after death of one partner, for inheritance (RSA 457:39, 3 years cohabitation) |
| New Jersey | Abolished | 1939-12-01 | – |
| New Mexico | Not recognized | – | – |
| New York (outside NYC) | Abolished | 1933-04-29 | Also not recognized from 1902 to 1907 |
| North Carolina | Not recognized | – | – |
| North Dakota | Not recognized | – | Recognizes one validly formed in another state |
| Ohio | Abolished | 1991-10-10 | ORC 3105.12 |
| Oklahoma | Can still be formed | – | – |
| Oregon | Not recognized | – | Recognizes one validly formed in another state |
| Pennsylvania | Abolished | 2005-01-02 | 23 Pa.C.S. 1103: invalid if formed after January 1, 2005 |
| Rhode Island | Can still be formed | – | Case law (Smith v. Smith 2009) |
| South Carolina | Abolished | 2019-07-24 | Stone v. Thompson (filed 2019-04-03, refiled 2019-07-24); marriages before the cutoff stay valid |
| South Dakota | Abolished | 1959-07-01 | Recognizes one validly formed in another state |
| Tennessee | Not recognized | – | Not recognized, but courts may apply estoppel |
| Texas | Can still be formed | – | Informal marriage (Tex. Fam. Code 2.401); both partners 18 or older |
| Utah | Can still be formed | – | Only through a court or administrative order (Utah Code 81-2-408); petition within 1 year of the end of the relationship |
| Vermont | Not recognized | – | – |
| Virginia | Not recognized | – | – |
| Washington | Not recognized | – | Recognizes one validly formed in another state |
| West Virginia | Not recognized | – | – |
| Wisconsin | Abolished | 1918 | Not recognized after 1917 |
| Wyoming | Not recognized | – | Recognizes one validly formed in another state |
Where official sources disagree
- South Carolina: the Connecticut report of October 2025 still lists it among the states that allow common-law marriage. The state's Department of Revenue and the Social Security digest say the South Carolina Supreme Court ended it from July 24, 2019 (Stone v. Thompson). This page follows South Carolina's own ruling.
- Colorado: the Connecticut report's summary places it with the states that abolished it, but its own table only cites the age rule of 2006. The Social Security digest lists it as recognized, both partners 18 or older. This page shows it as recognized.
- Iowa and the District of Columbia: the Connecticut report says they recognize it for limited purposes (support in Iowa, a court action to affirm the marriage in DC); the Social Security digest lists both as recognized.
- Alaska: an older legislative guide said Alaska never allowed it; the Social Security digest says it was recognized from March 7, 1939 to December 31, 1963. This page follows the digest.
The usual conditions
- Both partners are legally able to marry: of age, not married to someone else, not closely related.
- They agree, now, to be married to each other.
- They live together in a state that allows common-law marriage.
- They hold themselves out as married to family, employers, tax authorities and others.
When a formal license is simpler
A licensed marriage leaves a record that any office accepts, while a common-law marriage may have to be proven again for each benefit or inheritance. The cost of a license is low compared with that burden: see marriage license cost by state. In Texas, the Texas page explains both routes.
Marriage license fee in your state
License · Colorado
$30
| Who sets the fee | each county or town |
| Course discount | none |
| Example | – |