Common law marriage was once recognized in many parts of the United States. Over time, however, most states abolished the practice and now require couples to obtain a marriage license and complete a formal marriage ceremony to create a valid marriage.
Although these states no longer allow new common law marriages, many still recognize valid common law marriages that were established before the law changed or those legally created in another state that continues to recognize common law marriage.
This guide explains which states abolished common law marriage, when the changes occurred, and what those changes mean for couples.
Quick Answer
| Question | Answer |
| Have most states abolished common law marriage? | Yes. Most U.S. states no longer allow new common law marriages. |
| Do abolished states recognize old common law marriages? | Many do, if the marriage was valid before the law changed. |
| Do they recognize common law marriages from other states? | Generally, yes, if the marriage was legally established in a state that recognizes common law marriage. |
| Are new common law marriages still allowed everywhere? | No. Only a limited number of states and the District of Columbia still recognize new common law marriages. |
Why Did States Abolish Common Law Marriage?
Many states ended common law marriage to:
- Reduce disputes over whether a marriage existed
- Encourage formal marriage registration
- Simplify inheritance and probate cases
- Prevent fraudulent marriage claims
- Create clear legal records for marriages
Today, most states require couples to obtain a marriage license and complete a legally recognized marriage ceremony.
States That Abolished Common Law Marriage
The following states previously recognized common law marriage but later abolished the creation of new common law marriages.
| State | New Common Law Marriages Allowed? | Effective Change |
| Alabama | ❌ No | January 1, 2017 |
| Florida | ❌ No | January 1, 1968 |
| Georgia | ❌ No | January 1, 1997 |
| Idaho | ❌ No | January 1, 1996 |
| Ohio | ❌ No | October 10, 1991 |
| Oklahoma* | Limited | Legal status depends on court decisions and specific circumstances. |
| Pennsylvania | ❌ No | January 1, 2005 |
| South Carolina | ❌ No | July 24, 2019 |
Note: Oklahoma’s common law marriage laws are based largely on court decisions rather than a clear statute, making the legal landscape more complex than in most states.
What Happens to Existing Common Law Marriages?
In many states, abolishing common law marriage did not invalidate marriages that were already legally established before the effective date.
For example:
- A couple with a valid Alabama common law marriage established before January 1, 2017 generally remains legally married.
- A valid Pennsylvania common law marriage established before January 1, 2005 is generally still recognized.
However, couples cannot create a new common law marriage after the state’s cutoff date.
Do These States Recognize Common Law Marriages From Other States?
Generally, yes.
Even if a state abolished common law marriage, it will often recognize a valid common law marriage that was legally established in another state where such marriages are permitted.
For example:
- A couple who established a valid common law marriage in Texas and later moved to Ohio may generally have their marriage recognized in Ohio.
- The same principle often applies in other states that no longer allow new common law marriages.
States That Still Recognize New Common Law Marriage
As of 2026, the following jurisdictions continue to recognize new common law marriages:
- Colorado
- Iowa
- Kansas
- Montana
- Oklahoma (limited circumstances)
- Rhode Island
- Texas
- Utah
- District of Columbia
Does Living Together Create a Common Law Marriage?
No.
In states that abolished common law marriage, simply living together—even for many years—does not create a legal marriage.
There is no universal “seven-year rule.”
Couples generally must complete the state’s formal marriage process to become legally married.
What if a Couple Started Living Together Before the Law Changed?
Living together before the abolition date does not automatically create a valid common law marriage.
The couple generally must have satisfied all of the legal requirements that existed before the law changed.
Whether a valid marriage exists depends on the facts of the relationship and the law that applied at that time.
Common Misconceptions About Abolished Common Law Marriage
Myth: States that abolished common law marriage canceled existing marriages.
False. Existing valid common law marriages were generally “grandfathered” and remain legally recognized.
Myth: Living together after the law changed creates a common law marriage.
False. New common law marriages generally cannot be created after the effective abolition date.
Myth: Every state abolished common law marriage.
False. A small number of states and the District of Columbia still recognize new common law marriages.
Myth: Common law marriages from other states are never recognized.
False. Many states recognize valid common law marriages that were legally established elsewhere.
Frequently Asked Questions
Which states abolished common law marriage?
States such as Alabama, Florida, Georgia, Idaho, Ohio, Pennsylvania, and South Carolina abolished the creation of new common law marriages. Oklahoma’s legal status remains more limited and depends on court decisions.
Are old common law marriages still valid?
Generally, yes. If a common law marriage was legally established before the state’s abolition date, it is often still recognized.
Can you create a new common law marriage in these states?
No. New common law marriages generally cannot be created after the state’s effective abolition date.
Do abolished states recognize common law marriages from other states?
In many cases, yes. States often recognize valid common law marriages that were legally established in jurisdictions where they are allowed.
Does living together create a common law marriage?
No. Living together alone does not create a common law marriage in any state.
How many states still recognize new common law marriage?
As of 2026, nine states and the District of Columbia continue to recognize new common law marriages in some form.
Final Thoughts
Most U.S. states have abolished the creation of new common law marriages and now require couples to obtain a marriage license and complete a formal ceremony to become legally married. However, many of these states continue to recognize common law marriages that were validly established before the law changed or created in another state where common law marriage is still recognized. Understanding your state’s laws is essential because the legal status of a relationship can affect property rights, inheritance, divorce, and other important legal matters.