Updated July 2026
Common-Law Marriage States: Full List & Social Security Impact
Only 8 states plus DC currently allow new common-law marriages — and several sources online still get the list wrong. Here's the accurate, sourced breakdown, and why it matters for Social Security spousal and survivor benefits.
Quick answer: As of 2026, only Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas, Utah, and the District of Columbia allow new common-law marriages to be formed. New Hampshire has a narrow rule that applies only after death. Several other states — including South Carolina, which stopped in 2019 — still recognize common-law marriages formed before a past cutoff date. If a common-law marriage is legally valid, Social Security treats it exactly like a ceremonial marriage for spousal and survivor benefits.
✓ Currently Allow New Common-Law Marriages (8 states + DC)
In most of these states, a couple must have the mental capacity to marry, agree presently (not in the future) to be married, live together, and hold themselves out publicly as married. Colorado no longer requires the "holding out publicly" element as of a 2021 court ruling.
⚠️ Special Case: New Hampshire
New Hampshire does not recognize common-law marriage as a valid, ongoing marriage for living couples. It only recognizes one after a partner has died, for inheritance purposes, if the couple cohabited and acknowledged each other as spouses for at least 3 years before the death. Because this specifically applies to a death scenario, it can be directly relevant to a Social Security survivor benefit claim — worth raising with Social Security directly if this describes your situation.
Recognize Marriages Formed Before a Cutoff Date (no new ones now)
These states used to allow common-law marriage. A common-law marriage formed before the date below is still legally valid there today — but no new ones can be created.
| State | Last date to form a new common-law marriage |
|---|---|
| Alabama | January 1, 2017 |
| Alaska | December 31, 1963 |
| Florida | January 2, 1968 |
| Georgia | January 1, 1997 |
| Idaho | January 1, 1996 |
| Indiana | January 1, 1958 |
| Michigan | January 1, 1957 |
| Minnesota | April 27, 1941 |
| Mississippi | April 5, 1956 |
| Nevada | March 29, 1943 |
| New Jersey | December 1, 1939 |
| New York | January 1, 1902 (briefly reinstated 1908–1933) |
| Ohio | October 10, 1991 |
| Pennsylvania | January 1, 2005 |
| South Carolina | July 24, 2019 |
| South Dakota | July 1, 1959 |
| Wisconsin | 1917 |
Never Recognized Common-Law Marriage
A state on this list will still recognize a common-law marriage that was validly formed in a different state that allows it (see the FAQ below) — it just won't let you form a new one within its own borders.
Why This Matters for Social Security
If your common-law marriage is legally valid — under the law of the state where it was formed, or where you were living when it began — the Social Security Administration treats it exactly like a marriage with a certificate. That means it can qualify you for:
- Spousal benefits based on a living common-law spouse's work record
- Survivor benefits if a common-law spouse passes away
- Divorced-spouse or divorced-survivor benefits if the common-law marriage lasted 10+ years and ended in a legal divorce (yes — you must formally divorce, even from a common-law marriage, for it to end)
Because there's no marriage certificate, Social Security will ask for a statement of marital relationship plus supporting evidence — see the FAQ below.
Check what you may qualify for →Frequently Asked Questions
What states currently allow new common-law marriages?
As of 2026, 8 states plus the District of Columbia allow new common-law marriages to be formed: Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, Texas, Utah, and DC. New Hampshire has a separate, limited rule that applies only after death, for inheritance purposes.
Does South Carolina still recognize common-law marriage?
No. South Carolina's Supreme Court abolished new common-law marriages effective July 24, 2019 (Stone v. Thompson). Common-law marriages formed before that date remain legally valid, but no new common-law marriages can be created in South Carolina now. Several sources still incorrectly list South Carolina as a current common-law marriage state — it is not, as of 2019.
If I formed a common-law marriage in one state, does it still count if I move to a state that doesn't allow common-law marriage?
Generally yes. Under long-standing legal principles (comity), a common-law marriage that was validly formed in a state that allows it remains a valid marriage even if you later move to a state that doesn't allow new common-law marriages to be formed. Social Security follows the marriage law of the state where the marriage was established, or where the couple lived when the relationship began.
Does New Hampshire recognize common-law marriage?
Only in a narrow, specific circumstance. New Hampshire does not recognize common-law marriage as a valid, ongoing marriage for living couples. It only recognizes one after a partner has died, for inheritance purposes, if the couple cohabited and acknowledged each other as spouses for at least 3 years before the death. This is directly relevant to Social Security survivor benefits, since it applies specifically to a death scenario.
How does Social Security verify a common-law marriage?
Social Security requires you to complete a statement of marital relationship and provide supporting evidence, since there's no marriage certificate for a common-law marriage. This can include statements from you, your spouse (or former spouse), and two blood relatives, plus other proof such as joint bank accounts, joint leases or deeds, insurance beneficiary designations, or tax returns filed as married. Contact Social Security directly to find out exactly what they'll need for your situation.
Sources
State recognition status and cutoff dates are sourced directly to the Social Security Administration's own internal policy manual — the same document SSA uses to make these determinations — and cross-checked against an independently published legal summary. Page reviewed July 2026.
- Social Security Administration POMS GN 00305.075 — "State Laws on Validity of Common-Law (Non-Ceremonial) Marriages"
- Social Security Administration POMS GN 00305.060 — "Common-Law Marriage — General"
- National Conference of State Legislatures — "Common Law Marriage by State"
SS Tune-Up is not affiliated with the Social Security Administration, any government agency, or any political party. This page is educational information only, not legal advice — marriage law is state-specific and fact-dependent. Confirm your specific situation with Social Security at 1-800-772-1213 or with a family law attorney in your state.
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