📅 2026 Update: Key Changes in Common Law Marriage

Since the original article was published, there have been important updates regarding common law marriage across various states. These changes can affect the rights of common law partners and the recognition of such marriages, especially in relation to benefits and legal status. The earlier article continues further down the page for additional context.

🏛️ Wisconsin's Recognition of Out-of-State Common Law Marriages

As of May 22, 2026, Wisconsin clarified that for programs like Medicaid, a spouse includes individuals recognized under federal law as legal partners through marriage. This includes common law marriages valid in other states. This change is significant for couples who established their common law marriage in a state that recognizes it but reside in Wisconsin.

📜 Common Law Marriage Requirements in Colorado and Kansas

In Colorado and Kansas, common law marriage requirements remain consistent. Both states require parties to be at least 18 years old. This aligns with the core elements of common law marriage, emphasizing mutual agreement and cohabitation.

🗂️ Informal Marriage in Texas

Texas continues to recognize common law marriage as "informal marriage." Couples can file a Declaration of Informal Marriage with the county clerk to create a formal record. The filing fee varies by county, and the processing times also differ, making it essential for couples to check local regulations.

⏳ Wisconsin Medicaid Marital Status Verification

Wisconsin's Department of Health Services has updated its policies to clarify that marital status verification is only necessary when it is questionable for Medicaid, BadgerCare Plus, and FoodShare programs. This simplifies processes for common law partners in these programs.

📌 Summary of Key Points

  • 🏛️ Wisconsin recognizes out-of-state common law marriages for certain benefits.
  • 📜 Colorado and Kansas require individuals to be at least 18 for common law marriage.
  • 🗂️ Texas offers a formal process for informal marriage with varying fees and times.
  • ⏳ Wisconsin Medicaid verification now focuses on questionable cases only.

💡 Tips for Understanding Common Law Marriage

Reviewing your situation with an attorney is crucial to understand your rights and options regarding common law marriage.

📋 Confirm Legal Recognition in Your State

Before assuming you are in a common law marriage, check if your state recognizes it. Only seven states and the District of Columbia allow the formation of new common law marriages.

🗓️ Understand the Requirements

Each state has specific requirements for common law marriage. Familiarize yourself with the rules in your state, including age and cohabitation requirements, to ensure you meet them.

⚖️ Know Your Rights

If recognized, common law marriages carry the same legal rights as ceremonial marriages. This includes property division, inheritance, and spousal benefits.

📖 Document Your Relationship

To establish your common law marriage, keep records showing your mutual agreement to marry and your life together as a married couple. This may include shared bills, joint bank accounts, or other official documents.

📝 Consider Legal Assistance

If you face challenges regarding your common law marriage status, seek guidance from legal professionals. They can help navigate complex situations, especially in states with varying recognition levels.

❓ Frequently Asked Questions

🤔 What states recognize common law marriage in 2026?

Only seven states and the District of Columbia permit new common law marriages: Colorado, Iowa, Kansas, Montana, Oklahoma, Rhode Island, and Texas.

💍 Can a common law marriage be established in Wisconsin?

Wisconsin does not allow the establishment of common law marriages. However, it recognizes valid marriages performed in other states.

🕒 How long do you need to live together for a common law marriage?

No state has a specific time requirement. The belief that living together for a certain number of years automatically creates a common law marriage is a myth.

📄 What is the process for registering a common law marriage in Texas?

In Texas, couples can file a Declaration of Informal Marriage with the county clerk. This creates a formal record of their common law marriage.

🏛️ What must I prove for a common law marriage?

To prove a common law marriage, you need to demonstrate mutual agreement to be married, cohabitation, and a public reputation as a married couple.

🩺 How does common law marriage affect Medicaid benefits in Wisconsin?

As of May 22, 2026, Wisconsin recognizes out-of-state common law marriages for Medicaid, BadgerCare Plus, and FoodShare programs, affecting eligibility for benefits.

⚖️ Recent Cases Involving Common Law Marriage

Recent court rulings have further clarified aspects of common law marriage and its recognition across different states. These cases highlight the evolving legal landscape surrounding partners' rights and responsibilities.

Explore more recent rulings in the news section: more rulings on the news page.

End of October 2026 Update





Common law
is primarily based on precedents that are set by prior court cases with similar
circumstances. This is opposed to statutory law that is formulated by a series
of formal rules and regulations enacted by the Government. Oftentimes, common
law will interact with other systems of law to form decisions.



For example,
in an area such as contract law, most of these regulations will exist in common
law, not legislation. However, in an area such as the sale of international
goods, there is legislation that will define the boundaries of the regulations.
When a case is brought before a judge, though, it will generally be ruled by a
combination of this legislation and past decisions. These cases will be decided
primarily by applying past precedent by analogy.



Common law will also interact with Constitutional
law when a court makes important decisions. The U.S. Constitution is a document
that broadly outlines the powers of the Government in making laws. Common law
is basically how the courts will interpret these laws to make decisions.

Discover How Common Laws Interacts with Constitutional Law


Common law
mostly affects decisions that are made in State courts, and all of these
decisions must be made within the scope of the Constitution. Constitutional law
does not grant State courts the power to declare a law as unconstitutional.
However, they do have the power to create new law to a certain extent.



When a judge
rules on a case of first impression, the judge is essentially making new laws to
which subsequent cases with similar circumstances will be bound. A case of
first impression refers to one where the circumstances are so unique that there
is no existing precedent that will influence the judge's decision. In this
case, the judge will examine the facts of the case in accordance with Constitutional
law in order to make a decision.



Many of the rules and regulations within Constitutional
law are based on previously established common law. Codification, which is the
process of creating a statute that will explicitly state a rule or regulation
to make law, is a process that is heavily based on the precedent of common law.
The common law will interpret Constitutional law in order to make it applicable
to individual cases. 



An example
that is sometimes used is that of the First Amendment to the Constitution. This
Amendment states that "Congress shall make no law respecting an
establishment of religion, or prohibiting the free exercise thereof". To
actually understand this clause of the Constitution, one must turn to the
precedents set by common law to see how it is applied in specific cases.