September 21, 2025
Common-law marriage is one of the most misunderstood legal concepts in family law. Unlike traditional marriages, which are recognized through a marriage license and ceremony, common-law marriages develop through the conduct of the couple and the circumstances of their relationship. Yet, the implications of being in a common-law marriage are no less serious. It affects property rights, inheritance, spousal support, and even parental responsibilities.
In this guide, we’ll explore the history, requirements, and legal implications of common-law marriage. Along the way, we’ll highlight practical case studies, address misconceptions, and provide key takeaways to help you better understand your rights. For individuals in long-term partnerships, this knowledge can be crucial in protecting both personal and financial interests.
Common-law marriage dates back hundreds of years to English common law. Couples who lived together, shared responsibilities, and presented themselves as married could be recognized by the community—and eventually by the courts—as legally bound spouses.
Not every U.S. state recognizes common-law marriage today. As of 2025, fewer than a dozen states still allow couples to establish such unions, though some honor those formed before repeal.
Key takeaway: If you live in a state that does not recognize common-law marriage, cohabitation—even for decades—will not grant you marital rights unless you legally marry.
To be considered common-law married, couples usually must demonstrate:
A common myth is that living together for seven years automatically creates a common-law marriage. This is false. The length of cohabitation is less important than the couple’s intent and how they represent themselves.
If you think your relationship might qualify as a common-law marriage, it may help to know what to bring to your first family law consultation so you’re prepared to explain your situation to an attorney. This preparation often mirrors the steps described in our process for what to expect during a personal injury lawsuit.
In states that recognize common-law marriage, partners enjoy the same property rights as traditionally married couples. That means if the relationship ends, property may be subject to equitable distribution.
If one partner dies, the surviving partner may inherit—even without a will—if the relationship meets the state’s definition of common-law marriage. Estate planning tools, such as trusts, can help avoid disputes.
Understanding the role of a trustee in an estate plan is especially important for couples in common-law unions. Real-world experiences, such as estate planning case studies protecting families and assets, show how careful planning can prevent litigation later.
Courts may award alimony to a partner leaving a common-law marriage, just as they would in a traditional marriage. This makes financial planning especially important, particularly in relationships with significant assets.
Many couples benefit from legal guidance similar to that outlined in why law firms excel at high-asset divorce litigation. For practical advice, couples should also consider resources on how to calculate spousal support.
Ending a common-law marriage usually requires a legal divorce, even though no marriage license exists. This surprises many couples who believed that informal relationships could be ended informally.
Learning about the legal difference between separation and divorce can help you understand why divorce proceedings are necessary.
Just as in a traditional divorce, courts decide custody, property division, and financial support based on state law. Real-life disputes sometimes echo experiences like those in navigating a high-asset divorce.
When children are involved, custody disputes can mirror those of traditional marriages. For example, navigating a complex custody case may resemble situations described in this client success story about a difficult child custody battle. Some families also benefit from learning about the role of a guardian ad litem in custody cases.
Couples can protect themselves by:
Some couples also explore trusts as additional safeguards. For example, the benefits of an irrevocable trust can provide clarity and protection for long-term partners. For older couples, understanding a checklist for planning long-term care can also be vital.
Couples who want legal protections without formal marriage might consider:
To safeguard assets, many people rely on wills. That’s why an attorney-drafted will is often better than an online template, especially when common-law relationships complicate matters. Business owners may also want to read about the legal steps to selling your small business, since marital status can affect ownership rights.
Real estate disputes sometimes arise in these unions, similar to those described in a case study about resolving a complex real estate title dispute. Business partnerships can also present parallel issues, reminding couples of the importance of drafting clear partnership agreements.
For those facing separation, it’s often wise to think ahead about representation. Guidance on how to choose the right divorce lawyer or choosing a lawyer for a DUI charge can make a big difference when selecting experienced counsel.
If you’re concerned about the impact of ending your relationship, it may help to learn how family law services provide compassionate counsel during divorce and separation. Similarly, families often benefit from exploring why communication matters when choosing a law firm.
Understanding the legal side of common-law marriage is vital for protecting your future. Whether you are cohabiting, considering marriage, or navigating a separation, the stakes are high. Legal advice and proactive planning can safeguard your rights, your property, and your family.
Next Steps:
Some couples find it useful to explore alternatives like divorce mediation as a less adversarial option. For others, reviewing how our firm calculates the value of an injury claim provides insight into the level of detail attorneys apply when protecting clients’ interests.