Common Law Marriage in Pennsylvania

If you're in a common law marriage, that means that you and your spouse are legally recognized as married even though you never got a marriage license or had a wedding ceremony. But you'll still need to prove that you meet the requirements for a valid common law marriage. And only a few states currently recognize common law marriage. Read on to see how Pennsylvania views common law marriages.

Does Common Law Marriage Still Exist in Pennsylvania?

Yes and no. Pennsylvania doesn't recognize any common law marriages that couples entered into after January 1, 2005. However, couples may still be recognized as married if they established a valid common law marriage in Pennsylvania before January 2, 2005, or in another state that recognized common law marriages at the time. (23 Pa. Cons. Stat. § 1103 (2024); Cooney v. W.C.A.B., 94 A.3d 425 (Pa. Commonw. Ct. 2014).)

How to Prove You Have a Valid Common Law Marriage

Even if you claim that you entered into a common law marriage in Pennsylvania before 2005, it won't be easy to prove that your relationship qualified under the state's legal requirements for this type of marriage. You'll need to provide clear and convincing evidence proving that you and your partner exchanged "words in the present tense" with the specific purpose of establishing a marital relationship.

There's one exception that applies when both spouses aren't available to testify about those vows (for instance, when your spouse has died). In that situation, the judge may presume that you had a common law marriage if you can prove that:

• you lived together constantly as spouses, and
• you had a "reputation of marriage," meaning you were broadly considered to be married in the community.

(Staudenmayer v. Staudenmayer, 714 A.2d 1016 (Pa. 1998).)

When both spouses aren't alive and available to testify about their vows, some types of evidence that might be useful in helping to prove the existence of a common law marriage include:

• documents showing that you lived together (such as jointly signed leases or mortgages)
• testimony from friends and community members that they considered you and your spouse to be married
• tax returns showing your filing status as married
• proof that one or both of you designated the other as a beneficiary on life insurance policies and retirement plans, and
• joint credit applications and other certified statements showing that you held yourselves out as married.

What Rights Do You Have If Pennsylvania Recognizes Your Common Law Marriage?

Once a Pennsylvania court recognizes your common law marriage as valid, you have the same rights and responsibilities as any other married couple, such as the right to inherit from your spouse's estate or obtain death benefits from insurance policies or workers' compensation.

And if you want to legally end the relationship, you can't just walk away. You'd have to file for divorce. If you do get divorced, however, you have the right to an equitable division of your property and debts, and either of you may request alimony.

Even if your relationship doesn't qualify as a common law marriage, you might be protected by state contract or tort laws if you and your partner have other kinds of disputes (such as disagreements over property rights).

Also, you have parental rights over your children regardless of your marital status with the other parent. You're entitled to go to court to request child support, custody, and visitation. You also have the right to have the court determine paternity, if that's an issue.

Getting Help Proving You Have a Common Law Marriage

It's not easy proving that you have a common law marriage, even if you claim that you established the relationship before 2005 or in a state that still recognizes these marriages. You will almost certainly need the help of a family law attorney who can help you gather the right kind of evidence to convince a judge that your marital relationship qualifies. And if you moved to Pennsylvania after establishing a common law marriage in a state that recognizes these marriages (or did so at the time you established your marital relationship), you should speak with a family lawyer from that state, because the rules for proving a valid common law marriage vary from state to state.