States That Recognize Common Law Marriage

Common law marriage is defined as a man and woman living together who intend to be married at some point in the future. While most states have abolished these types of marriages, cities and states throughout the nation are adopting domestic partnership laws. Partners are given benefits nearly equal to those of a married couple.

Non-Traditional Marriage and State Laws

In order for a common law marriage to be legally recognized, the pair must present themselves to others as a married couple. They can achieve this by using the same last name, filing a joint tax return, referring to each other as husband and wife or wearing wedding rings.

There are currently fifteen states and the District of Columbia that legally recognize common law marriage and they are listed in the table below:

There is some controversy regarding marriages in Oklahoma that took place after November 1, 1998. However, recent case law has proven that these marriages remain valid in Oklahoma. The Social Security Administration (SSA) will only recognize those common law marriages if the state where you reside considers them a legal marriage.

Domestic Partnerships Give Couples Benefits

The law defines a domestic partnership as two individuals who live together that are not married. The couples can be either heterosexual or same-sex partners. Some cities provide domestic partner registries for the couple. Domestic partnership benefits include:

• Share employer benefits, such as medical and dental insurance
• All benefits provided under the Family and Medical Leave Act
• Bereavement leave to make funeral arrangements for their partner
• Be designated the executor of their partner’s estate if they die without a will
• To allow the courts to resolve child custody and visitation disputes if the partners split up
• Visiting rights when their partner is in the hospital or in jail
• Rent control benefits (if one partner dies, the remaining partner would still pay the same amount of rent)

The laws in each city and state vary on which benefits can be extended to domestic partners, so it’s important to check with the laws where you reside.

Consult a Family Law Attorney

Whether your common law marriage will be recognized by another state may be a legal issue. Article IV of the U.S. Constitution says that each state has a duty to respect the public acts, records and judicial proceedings of another state. However, gay couples who are married in one state may find that their marriage is not legally recognized in another state. The same may hold true for those considered married by common law. If you have question regarding the status of your union, you should seek legal guidance from a family law attorney.