July 15, 2013

Hot Report: Common Law Marriage

OLR Report 2013-R-0264 provides (1) an overview of common-law marriage under Connecticut law, including palimony matters and (2) a summary of all states that allow common-law marriage.

Generally, a common-law marriage is a relationship involving two people who (1) agree that they are married, (2) live together, and (3) present themselves as spouses.
Connecticut law does not recognize common-law marriages. But, a common-law marriage entered into in a state that recognizes such marriages will be recognized in Connecticut if it was valid under the other state's law.

Connecticut law does not address “palimony” matters (i.e. court-ordered support following the termination of nonmarital relationships).

According to the National Conference of State Legislatures (NCSL), 10 states (Alabama, Colorado, Iowa, Kansas, Montana, New Hampshire, Rhode Island, South Carolina, Texas, and Utah) and the District of Columbia recognize common-law marriages, although some impose certain restrictions. An additional five states (Georgia, Idaho, Ohio, Oklahoma, and Pennsylvania) allow only those established before a certain date to be recognized.
For more information, read the full report.