Common Law Marriage in Alabama: Is It Recognized? (2026)

Alabama abolished the formation of new common law marriages effective January 1, 2017, under Ala. Code 30-1-20. Common law marriages entered into before that date remain fully valid. Alabama also recognizes valid common law marriages formed in other states.

Information last verified on June 2, 2026.

Jurisdiction scope: This article addresses Alabama state law on common law marriage under Ala. Code 30-1-20 and Alabama case law. It does not constitute legal advice. For a state-by-state comparison, see Common Law Marriage by State.

Does Alabama Recognize Common Law Marriage?

Alabama no longer allows couples to form a common law marriage within its borders. The Alabama Legislature enacted Ala. Code 30-1-20 (Act 2016-306), which abolished the creation of new common law marriages effective January 1, 2017. The statute is unambiguous: no common law marriage entered into in Alabama on or after January 1, 2017, is valid or recognized under Alabama law.

Before this change, Alabama had long recognized common law marriage under common law principles. Couples could become legally married without a license or ceremony by satisfying three elements: (1) legal capacity to marry (both parties over 16, not already married, no prohibited degree of relationship); (2) a present, mutual agreement between the parties to be married, not merely to live together; and (3) public recognition of the relationship as a marriage, also called "holding out."

Because the 2017 law is prospective only, marriages that met all of those requirements before January 1, 2017, are fully protected. The Alabama Supreme Court confirmed the continuing validity of pre-cutoff common law marriages in its subsequent decisions interpreting the statute. Couples with a pre-2017 common law marriage retain all the rights and obligations of a formally solemnized marriage, including inheritance rights, spousal privilege, and rights to marital property.

Requirements That Applied Before January 1, 2017

For couples seeking to establish that a common law marriage existed before the abolition date, Alabama courts look to whether all elements were met before January 1, 2017.

Capacity

Both parties must have had legal capacity to marry. That required each person to be of legal age (under the statute applicable at the time, at least 16 with parental consent, or older), to not be currently married to someone else, and to not be related to the other party within a prohibited degree of kinship.

Present Agreement to Be Married

Alabama courts required a present agreement between the parties that they were, at that moment, entering a marital relationship. This is not the same as an agreement to live together, an agreement to marry in the future, or a mutual intent to someday be married. The Alabama Court of Civil Appeals held in Crosson v. Crosson, 668 So. 2d 868 (Ala. Civ. App. 1995), that the agreement must be to be presently married, not to become married at a future time.

This element is often the most contested in Alabama common law marriage cases. Evidence courts have considered includes shared statements to friends and family that the couple was married, signing documents as husband and wife, and filing joint tax returns identifying as married.

Cohabitation

The parties must have lived together as husband and wife. Alabama did not require any specific duration. A brief period of cohabitation following the present agreement to be married could suffice if the other elements were present. The cohabitation requirement was closely linked to the "holding out" requirement.

Holding Out Publicly

The couple must have held themselves out to the community as a married couple. Courts looked at whether the couple introduced each other as husband and wife, used the same last name, filed joint tax returns, held joint property or bank accounts, and were regarded as married by friends, family, employers, and community members.

Does Alabama Recognize a Common Law Marriage From Another State?

Yes. Alabama recognizes a valid common law marriage formed in another state, provided the marriage was validly created under the law of that other state at the time it was formed. This principle derives from the Full Faith and Credit Clause of the U.S. Constitution and from the general conflicts-of-law rule that a marriage valid where celebrated is valid everywhere.

For example, a couple who lived in Texas and entered a valid informal marriage (Texas's term for common law marriage) under Tex. Fam. Code 2.401 before moving to Alabama would have their marriage recognized by Alabama courts and government agencies. The same applies to couples who formed a common law marriage in Colorado, Iowa, Kansas, Montana, Rhode Island, or the District of Columbia, all of which still allow new common law marriages to be formed.

If you moved to Alabama after forming a valid common law marriage in another state, that marriage is recognized by Alabama law regardless of Alabama's January 1, 2017, abolition date. The 2017 statute abolished formation of new common law marriages in Alabama; it did not affect the recognition of out-of-state common law marriages.

How a Common Law Marriage Is Proved in Alabama

Because a common law marriage is formed without a certificate or formal record, proving it often requires assembling documentary and testimonial evidence. Alabama courts have applied a clear-and-convincing evidence standard in contested proceedings.

Types of evidence Alabama courts have considered include:

• Joint federal and state income tax returns filed with the couple identified as married or as husband and wife
• Joint bank accounts or credit accounts opened in both names
• Deeds, leases, or mortgage documents listing both parties as husband and wife
• Insurance policies naming the other party as a spouse
• Affidavits from friends, neighbors, coworkers, clergy, or family members who knew the couple as married
• Social media or correspondence in which the parties referred to each other as husband or wife
• Death certificates or obituaries identifying the relationship as a marriage

No single piece of evidence is automatically conclusive. Courts look at the totality of the circumstances to determine whether the elements of a valid common law marriage were present before January 1, 2017.

How a Common Law Marriage Ends in Alabama

A valid common law marriage in Alabama ends only through formal divorce or the death of a spouse. There is no such thing as a "common law divorce." The law does not allow parties to dissolve a marriage simply by separating, ceasing cohabitation, or announcing that the relationship is over.

This applies equally whether the marriage was formed through ceremony and license or through common law. If a pre-2017 Alabama common law marriage exists, one of the spouses must file for divorce in the appropriate Alabama circuit court to legally terminate the marriage. Until a divorce decree is entered, both parties remain legally married with all attendant rights and obligations.

The 7-year myth: Many people believe that living together for seven years automatically creates a common law marriage, or that moving apart for seven years automatically dissolves one. Neither is true. No state has ever set a specific number of years of cohabitation as a requirement for common law marriage. The "seven years" figure has no basis in Alabama law or in the law of any other state. Alabama's pre-2017 common law marriage doctrine required a present agreement and public holding out, not any particular duration of cohabitation.

Legal disclaimer: This page provides general legal information about Alabama common law marriage law. It is not legal advice and does not create an attorney-client relationship. Common law marriage issues are fact-specific and can affect significant rights, including property, inheritance, and benefits. Consult a licensed Alabama family law attorney for advice on your particular situation. Information verified as of June 2, 2026.

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• Alabama Child Support Laws
• Common Law Marriage by State

Last updated: June 2, 2026.

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