Common law marriage by state
Whether your state lets couples form a marriage without a license or ceremony, and when states that ended it did so.
General information only, not legal, insurance or financial advice. Not affiliated with any government agency. Rules have exceptions; open your state for details and the law it comes from.
New common law marriages allowed: map
- Yes (8)
- Limited (2)
- No / No new ones (41)
Full table
| State | New ones allowed? | Status |
|---|---|---|
| Alabama | No new ones | Abolished for marriages begun on or after Jan. 1, 2017 |
| Alaska | No | Never allowed |
| Arizona | No | Never allowed |
| Arkansas | No | Never allowed |
| California | No | Not allowed since 1895 |
| Colorado | Yes | Recognized; both partners must be 18+ |
| Connecticut | No | Never allowed |
| Delaware | No | Never allowed |
| District of Columbia | Yes | Recognized |
| Florida | No new ones | Abolished Jan. 1, 1968 |
| Georgia | No new ones | Abolished Jan. 1, 1997 |
| Hawaii | No | Never allowed |
| Idaho | No new ones | Abolished Jan. 1, 1996 |
| Illinois | No new ones | Abolished 1905 |
| Indiana | No new ones | Abolished Jan. 1, 1958 |
| Iowa | Yes | Recognized |
| Kansas | Yes | Recognized; both partners must be 18+ |
| Kentucky | No | Not allowed |
| Louisiana | No | Never allowed |
| Maine | No | Not allowed |
| Maryland | No | Not allowed |
| Massachusetts | No | Not allowed |
| Michigan | No new ones | Abolished Jan. 1, 1957 |
| Minnesota | No new ones | Abolished April 26, 1941 |
| Mississippi | No new ones | Abolished April 5, 1956 |
| Missouri | No new ones | Abolished 1921 |
| Montana | Yes | Recognized |
| Nebraska | No | Not allowed |
| Nevada | No new ones | Abolished March 29, 1943 |
| New Hampshire | Limited | Only after a partner dies, for inheritance, after 3 years living together as spouses |
| New Jersey | No new ones | Abolished Dec. 1, 1939 |
| New Mexico | No | Not allowed |
| New York | No new ones | Abolished April 29, 1933 |
| North Carolina | No | Never allowed |
| North Dakota | No | Not allowed |
| Ohio | No new ones | Abolished Oct. 10, 1991 |
| Oklahoma | Yes | Recognized by courts |
| Oregon | No | Not allowed |
| Pennsylvania | No new ones | Abolished Jan. 1, 2005 |
| Rhode Island | Yes | Recognized by courts |
| South Carolina | No new ones | Abolished July 24, 2019 |
| South Dakota | No new ones | Abolished July 1, 1959 |
| Tennessee | No | Not allowed |
| Texas | Yes | Recognized as 'informal marriage' |
| Utah Under review | Limited | A court can recognize a qualifying relationship as a marriage by order |
| Vermont | No | Not allowed |
| Virginia | No | Not allowed |
| Washington | No | Not allowed |
| West Virginia | No | Not allowed |
| Wisconsin | No new ones | Abolished 1918 |
| Wyoming | No | Not allowed |
How we checked this
Status comes from a statute- and case-cited 50-state table verified in June 2026 and matches FindLaw's list of recognizing states. Last checked: November 12, 2026. Laws change; confirm with the state agency or a licensed professional before acting.
Cross-checked sources agree Checked on official source confirmed on a government, court or legislature site Single detailed source one detailed table built from statutes or official data Under review sources disagree; read the note and the law.