Common Law Marriage by State
Common law marriage rules for all 50 states and DC — plain-English reference.
Reference information only — verify with a licensed attorney in your stateA common law marriage is a marriage created without a ceremony or license, by a couple who live together and present themselves to the public as spouses. Only a handful of states still allow new ones; many honor marriages formed before a cut-off date, and every state recognizes a valid common law marriage from another state.
All 50 states and DC
| State | Status | Grandfather note | Out-of-state CLM recognized |
|---|---|---|---|
| Alabama | Abolished (grandfathered) | Valid before 2017 | Yes (Full Faith & Credit) |
| Alaska | Abolished (grandfathered) | Valid before 1964 | Yes (Full Faith & Credit) |
| Arizona | Not recognized | — | Yes (Full Faith & Credit) |
| Arkansas | Not recognized | — | Yes (Full Faith & Credit) |
| California | Not recognized | — | Yes (Full Faith & Credit) |
| Colorado | Recognized | — | Yes (Full Faith & Credit) |
| Connecticut | Not recognized | — | Yes (Full Faith & Credit) |
| Delaware | Not recognized | — | Yes (Full Faith & Credit) |
| District of Columbia | Recognized | — | Yes (Full Faith & Credit) |
| Florida | Abolished (grandfathered) | Valid before 1968 | Yes (Full Faith & Credit) |
| Georgia | Abolished (grandfathered) | Valid before 1997 | Yes (Full Faith & Credit) |
| Hawaii | Not recognized | — | Yes (Full Faith & Credit) |
| Idaho | Abolished (grandfathered) | Valid before 1996 | Yes (Full Faith & Credit) |
| Illinois | Not recognized | — | Yes (Full Faith & Credit) |
| Indiana | Abolished (grandfathered) | Valid before 1958 | Yes (Full Faith & Credit) |
| Iowa | Recognized | — | Yes (Full Faith & Credit) |
| Kansas | Recognized | — | Yes (Full Faith & Credit) |
| Kentucky | Not recognized | — | Yes (Full Faith & Credit) |
| Louisiana | Not recognized | — | Yes (Full Faith & Credit) |
| Maine | Not recognized | — | Yes (Full Faith & Credit) |
| Maryland | Not recognized | — | Yes (Full Faith & Credit) |
| Massachusetts | Not recognized | — | Yes (Full Faith & Credit) |
| Michigan | Abolished (grandfathered) | Valid before 1957 | Yes (Full Faith & Credit) |
| Minnesota | Abolished (grandfathered) | Valid before 1941 | Yes (Full Faith & Credit) |
| Mississippi | Abolished (grandfathered) | Valid before 1956 | Yes (Full Faith & Credit) |
| Missouri | Not recognized | — | Yes (Full Faith & Credit) |
| Montana | Recognized | — | Yes (Full Faith & Credit) |
| Nebraska | Not recognized | — | Yes (Full Faith & Credit) |
| Nevada | Not recognized | — | Yes (Full Faith & Credit) |
| New Hampshire | Limited | — | Yes (Full Faith & Credit) |
| New Jersey | Abolished (grandfathered) | Valid before 1939 | Yes (Full Faith & Credit) |
| New Mexico | Not recognized | — | Yes (Full Faith & Credit) |
| New York | Not recognized | — | Yes (Full Faith & Credit) |
| North Carolina | Not recognized | — | Yes (Full Faith & Credit) |
| North Dakota | Not recognized | — | Yes (Full Faith & Credit) |
| Ohio | Abolished (grandfathered) | Valid before 1991 | Yes (Full Faith & Credit) |
| Oklahoma | Recognized | — | Yes (Full Faith & Credit) |
| Oregon | Not recognized | — | Yes (Full Faith & Credit) |
| Pennsylvania | Abolished (grandfathered) | Valid before 2005 | Yes (Full Faith & Credit) |
| Rhode Island | Recognized | — | Yes (Full Faith & Credit) |
| South Carolina | Abolished (grandfathered) | Valid before 2019 | Yes (Full Faith & Credit) |
| South Dakota | Abolished (grandfathered) | Valid before 1959 | Yes (Full Faith & Credit) |
| Tennessee | Not recognized | — | Yes (Full Faith & Credit) |
| Texas | Recognized | — | Yes (Full Faith & Credit) |
| Utah | Limited | — | Yes (Full Faith & Credit) |
| Vermont | Not recognized | — | Yes (Full Faith & Credit) |
| Virginia | Not recognized | — | Yes (Full Faith & Credit) |
| Washington | Not recognized | — | Yes (Full Faith & Credit) |
| West Virginia | Not recognized | — | Yes (Full Faith & Credit) |
| Wisconsin | Abolished (grandfathered) | Valid before 1917 | Yes (Full Faith & Credit) |
| Wyoming | Not recognized | — | Yes (Full Faith & Credit) |
Key takeaways
- Eight states and DC still recognize new common law marriages: Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas, and the District of Columbia.
- Utah and New Hampshire recognize it only in limited circumstances.
- Many states stopped creating new ones but still honor marriages formed before a cut-off year.
- No state creates a marriage just from living together for seven years — that is a myth.
- A valid out-of-state common law marriage is recognized everywhere under the Full Faith and Credit Clause.