What Does It Mean to Live in a Common Law State? Financial and Legal Ramifications for Couples

6/12/2025

If you’ve ever heard someone say, “We’re common law married,” you may have wondered what that really means and whether it applies to your relationship. Some couples can be surprised to learn how the common law principle can affect their finances, property rights, and responsibilities.

A ‘common law state’ is a state that recognizes common law marriage. This is a legal framework in which a couple may be considered legally married without a marriage license or formal ceremony, if they meet certain criteria.

Only a handful of states still recognize new common law marriages. These states typically require that the couple lives together for a certain period of time (though no specific duration may be required depending on the state), intends to be or agree to be married, and presents themselves publicly as a married couple. This can mean sharing a last name, filing joint taxes, or referring to each other as spouses.

States that currently recognize new common law marriages include:

• Colorado
• Iowa
• Kansas
• Montana
• New Hampshire
• South Carolina
• Texas
• Utah
• Washington, D.C.

Note that New Hampshire is considered a ‘common law state’ only for inheritance purposes. Other states, like Alabama or Pennsylvania, may recognize existing common law marriages created before a specific cut-off date.

What If You’re Living Together Without Being Married?

In most states, simply living together even for many years does not give you the same legal or financial rights as a married couple. In non-common law states, cohabiting couples do not have automatic rights to each other’s income, property, or benefits.

In common law states, the situation is more complex. If you meet the criteria for common law marriage, you may actually be considered legally married even if you never applied for a marriage license.

That can be both a benefit and a risk. You may be eligible for spousal health insurance, Social Security, and inheritance rights. In addition, you may be able to make medical decisions for your partner in an emergency.

However, through living with your partner, you might unknowingly enter into a legally binding marriage. If the relationship ends, you may be subject to the same divorce laws (including asset division and spousal support) as formally married couples.

What If You’re Legally Married in a Common Law State?

If your relationship meets the criteria for common law marriage in your state, you are legally married and you’ll need to follow your state’s procedures to get a divorce if the relationship ends.

This includes:

• Filing for divorce in court
• Dividing property and debts (which can be especially complex without a formal marriage record)
• Establishing spousal support, if applicable
• Determining child custody and support, if children are involved

You can’t just “break up” if you’re common law married. You must go through legal divorce proceedings to separate your finances and end your legal obligations.

What If You Move?

If you enter into a valid common law marriage in one state and move to a state that doesn’t recognize new common law marriages, your marriage is still valid.

All states must honor valid marriages from other states including common law marriages, under the Full Faith and Credit Clause of the U.S. Constitution.

So, if you're legally common law married in Texas and move to California (a non-common law state), your marriage will still be recognized. But, that also means California divorce laws will apply if you split up there.

Understanding your legal status in a common law state is essential especially when it comes to financial planning, credit, property ownership, and debt management.

If you’re unsure whether your relationship qualifies as a common law marriage, consult with a family law attorney in your state. Living together doesn’t always mean you’re legally or financially protected. Know your rights and plan accordingly.

 

 

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