Which States Still Allow Common-Law Marriage in 2026?

Common-law marriage — a legal marriage formed without a license or ceremony — survives in fewer places every decade, but it is far from dead. As of 2026, eight U.S. jurisdictions still allow couples to form new common-law marriages, one more recognizes them by court petition, and a long list of states honor common-law marriages formed before an abolition date.

Why does a New York divorce firm track this? Because New York recognizes common-law marriages that were validly formed elsewhere, even though none can be formed here. A couple that satisfied Texas or Colorado law and later moved to Brooklyn may be just as married as a couple with a marriage certificate — with everything that implies for divorce, property, and inheritance.

States Where You Can Still Form a Common-Law Marriage (2026)

Eight jurisdictions currently permit new common-law marriages:

• Colorado
• District of Columbia
• Iowa
• Kansas
• Montana
• Oklahoma
• Rhode Island
• Texas (which calls it "informal marriage" and also offers an optional registration)

Utah: Recognition by Court Order

Utah takes a hybrid approach: an unsolemnized relationship can be legally recognized as a marriage, but only if a court or administrative order establishes it (Utah Code § 81-2-408, the recodification of former § 30-1-4.5). The petition must generally be brought during the relationship or within one year after it ends.

New Hampshire: Inheritance Only

New Hampshire recognizes cohabitants as married for inheritance purposes only — the doctrine operates at death, not during life. A New Hampshire couple cannot use it to divorce.

States That Abolished Common-Law Marriage — But Grandfather Older Unions

These states no longer allow new common-law marriages but still recognize ones formed before the cutoff:

• Pennsylvania — valid if formed before January 1, 2005
• South Carolina — before July 24, 2019 (abolished prospectively by the state supreme court)
• Alabama — before January 1, 2017
• Georgia — before January 1, 1997
• Idaho — before January 1, 1996
• Ohio — before October 10, 1991
• Florida — before January 1, 1968
• Indiana — before January 1, 1958

A Pennsylvania couple who satisfied the doctrine in 2003 is still married today; identical facts beginning in 2006 create no marriage. The formation date is often the decisive battleground in litigation.

Everywhere else — including New York and New Jersey — no common-law marriage can be formed at all. New York abolished the doctrine effective April 29, 1933 (L. 1933, ch. 606, amending DRL § 11).

What It Actually Takes to Form One

Requirements vary by state, but the recurring elements are: (1) a present mutual agreement to be married — not a plan to marry someday; (2) cohabitation in the state; and (3) "holding out" — presenting yourselves to the community as spouses (joint tax returns, shared surname, "my husband/my wife" introductions, joint accounts and insurance designations).

Two persistent myths deserve burial. There is no seven-year rule — no state converts cohabitation into marriage automatically after any fixed number of years. And living together is never enough by itself — the agreement and the holding-out are what make the marriage.

How New York Treats an Out-of-State Common-Law Marriage

New York follows the traditional conflict-of-laws rule: a marriage valid where entered is recognized here unless it offends natural law or an express statutory prohibition (Matter of May, 305 N.Y. 486 (1953); Van Voorhis v. Brintnall, 86 N.Y. 18 (1881)). The Court of Appeals applied that rule to common-law marriage in Mott v. Duncan Petroleum Trans., 51 N.Y.2d 289 (1980), recognizing a Georgia common-law marriage (formed when Georgia still allowed them) in a New York proceeding.

The consequences are sweeping. If your common-law marriage is recognized:

• You need a real divorce to end the relationship — with equitable distribution, spousal maintenance, and full financial disclosure;
• You have inheritance rights, including the spousal elective share, if your partner dies;
• Remarrying without that divorce risks a void, bigamous marriage.

And if the marriage is not recognized, you fall back on the far thinner rights of unmarried partners.

Proving It in a New York Courtroom

The spouse asserting the marriage bears the burden of proving it under the other state's law — New York courts apply Texas law to a Texas claim, Colorado law to a Colorado claim. Strong cases are built from years of paper: joint federal tax returns filed as married, deeds and leases taken as spouses, insurance and benefit designations, engagement and anniversary announcements, and credible witnesses who heard both partners call each other husband or wife. Weak cases rest on cohabitation alone — and usually fail.

Timing matters, too: the couple must have satisfied the doctrine while in the common-law state (residence there, or in some cases substantial time there — the case law on brief stays is state-specific and unforgiving). A vacation with a hotel-register "Mr. & Mrs." is rarely enough on its own.

Moved to New York From One of These States?

If any part of your relationship unfolded in a common-law state, get a professional analysis before you separate, remarry, or file anything. The existence of a marriage changes your negotiating position enormously — in either direction. It also matters at death: recognized spouses inherit; unrecognized partners generally do not.

Frequently Asked Questions

How many states allow common-law marriage in 2026?

Eight jurisdictions permit new common-law marriages: Colorado, the District of Columbia, Iowa, Kansas, Montana, Oklahoma, Rhode Island, and Texas. Utah recognizes unsolemnized marriages by court or administrative petition, and New Hampshire recognizes them for inheritance purposes only. Several other states grandfather common-law marriages formed before an abolition cutoff date.

Is there a 7-year rule for common-law marriage?

No. No state creates a marriage automatically after seven (or any) years of living together. The doctrine turns on a present agreement to be married, cohabitation, and holding yourselves out as spouses — not on a clock.

Does New York recognize common-law marriages from other states?

Yes. Although no common-law marriage can be formed in New York (abolished in 1933), New York recognizes common-law marriages validly created under another state's law — the rule of Mott v. Duncan Petroleum Trans., 51 N.Y.2d 289 (1980). A recognized common-law marriage must be ended by a regular New York divorce.

Our common-law marriage began before our state abolished the doctrine. Are we still married?

Generally yes. Abolition statutes and decisions operate prospectively: Pennsylvania honors common-law marriages formed before 2005, South Carolina before July 24, 2019, Alabama before 2017, and so on. The decisive question becomes when your marriage was formed — which is a fact question proved with evidence from that period.

What happens if New York recognizes our common-law marriage and we split up?

You divorce like any other married couple: equitable distribution of marital property, possible spousal maintenance under the guidelines, and — if you have children — custody and CSSA child support. If the marriage is not recognized, you are limited to contract and equity claims between unmarried partners.

This article is attorney advertising and is provided for informational purposes only. It does not constitute legal advice, and reading it does not create an attorney-client relationship. Every case is different; consult a qualified New York matrimonial attorney about your specific situation.