Kentucky
Common Law Marriage in Kentucky: Is It Recognized? (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 3 primary sources cited on this page. How we verify our legal content
Kentucky does not allow couples to form a new common law marriage within the state. Kentucky law requires a marriage license and solemnization by an authorized person for every Kentucky marriage, and (1)(c) voids any marriage that is not solemnized in the presence of an authorized person or society. That requirement is not a recent change: the Kentucky Legislature's own amendment history for shows no 1990 enactment, and traces the solemnization requirement back through a 1942 recodification to an earlier Kentucky Statute. Kentucky also gives full legal effect to a common law marriage validly formed in another state.
Information last verified on June 2, 2026.
Does Kentucky recognize common law marriage?
Kentucky does not allow couples to form a common law marriage within the state today. Kentucky law requires a marriage license, and KRS 402.020 voids a marriage that is not solemnized in the presence of an authorized person or society. Together, the license requirement and this solemnization rule eliminate the legal foundation for common law marriage formation in Kentucky: without a valid license and solemnization, no Kentucky marriage can arise from cohabitation and mutual agreement alone.
There is no support in Kentucky's own statutory history for a January 1, 1990 abolition date. The Kentucky Legislature's official amendment history for KRS 402.020 lists amendments in 2018, 1998, 1988, 1982, 1978, 1976, 1974, 1968, 1966, and 1960, plus a 1942 recodification from the earlier Ky. Stat. Section 2097, with no 1990 act anywhere in that history. That means the requirement that a marriage be solemnized in the presence of an authorized person to be valid, which forecloses common law marriage formation, has been Kentucky law since at least the 1942 recodification and likely much earlier. If a common law marriage was ever validly formed in Kentucky before that requirement took effect, it would predate the 20th century, not 1990; anyone asserting such a marriage should consult a licensed Kentucky family law attorney and should not rely on 1990 as a legal cutoff.
Does Kentucky law set a specific abolition date?
No. Kentucky's marriage license and solemnization requirements predate 1990 by decades. Historically, before those requirements were enacted, Kentucky courts recognized common law marriages under the doctrine inherited from English common law, formed without a license or ceremony by satisfying traditional elements: legal capacity to marry, a present mutual agreement to be married, cohabitation, and public holding out as a married couple. But the statutory history places that shift far earlier than 1990.
Kentucky's marriage license and solemnization statute makes clear that a marriage entered into in Kentucky without a license and solemnization is void, and this has been the rule for most or all of the last century. Courts applying Kentucky law have consistently held that cohabitation, however long or however public, does not create a marital relationship when the parties never obtained a license and were never solemnized.
For a couple asserting an older, in-state common law marriage, the question is whether all elements of a valid common law marriage were satisfied before Kentucky's license and solemnization requirements took effect, a date that Kentucky's own statutory history places well before 1990. If any element was missing, no common law marriage arose, and the parties were not married under Kentucky law.
Can a common law marriage form in Kentucky today?
No. There is no mechanism in current Kentucky law for forming a marriage without a license and solemnization. A couple that began living together in 1995, or 2005, or 2025, and never obtained a marriage license, is not married under Kentucky law regardless of how long they have cohabited, how they present themselves publicly, or what they believe about their relationship. Kentucky law is unambiguous: a marriage contracted without the required license is void.
Kentucky courts have applied this rule consistently in property division, estate, and benefits disputes where one party claimed a recently formed in-state common law marriage. The claim fails as a matter of law because the statutory basis for in-state common law marriage formation does not exist under current Kentucky law.
Does Kentucky recognize a common law marriage from another state?
Yes. Kentucky recognizes a valid common law marriage formed in another state or jurisdiction that permits such marriages. This recognition flows from two sources. First, the Full Faith and Credit Clause of the United States Constitution requires each state to give effect to the public acts, records, and judicial proceedings of other states. Second, Kentucky courts apply the general conflicts-of-law principle that a marriage valid where it was entered into is valid in Kentucky, provided the marriage does not violate strong Kentucky public policy.
Kentucky courts have held that a common law marriage formed in a state that allows it, such as Colorado, Texas, Iowa, or the District of Columbia, is entitled to recognition in Kentucky. The couple retains their marital status when they move to Kentucky. For all legal purposes in Kentucky, including divorce jurisdiction, property rights, intestate succession, spousal privilege, and benefits eligibility, the couple is treated as legally married.
To establish Kentucky recognition of an out-of-state common law marriage, the party asserting the marriage must show that it met the requirements of the state where it was formed. For example, a couple asserting a Texas informal marriage must demonstrate compliance with Texas Family Code section 2.401, including agreement, cohabitation in Texas, and representation to others of being married.
How to prove an older Kentucky common law marriage or an out-of-state marriage
Whether asserting an older Kentucky common law marriage formed before the license and solemnization requirements took effect, or a common law marriage formed in another state, the party bearing the burden of proof must present evidence of the elements required in the relevant jurisdiction. Because no license or certificate exists, courts rely on documentary and testimonial evidence.
Evidence commonly considered includes:
- Joint federal and state income tax returns filed as married
- Joint bank accounts, credit accounts, or jointly held real estate
- Property deeds or lease agreements identifying both parties as husband and wife
- Life insurance policies or retirement benefit designations naming the other party as a spouse
- Testimony from family members, friends, coworkers, clergy, or neighbors who knew the couple as a married pair
- Correspondence, social media, or other written records in which the parties referred to each other as husband, wife, or spouse
- Use of a shared last name
- Government or employer records treating the relationship as a marriage
No single piece of evidence determines the outcome. Courts consider the totality of the circumstances to determine whether the required elements were present at the relevant time.
The 7-year myth
A persistent misconception holds that living together for 7 years automatically creates a common law marriage. This is false in Kentucky and in every other state. Kentucky never imposed a minimum cohabitation period as an element of common law marriage, and no state currently does. The 7-year figure has no basis in any statute, court decision, or regulation anywhere in the United States.
In Kentucky, this point is especially important because no amount of cohabitation creates a marriage under current Kentucky law. A couple that has lived together in Kentucky for 10, 20, or 40 years without a marriage license is not married under Kentucky law, regardless of what they may believe or how they conduct their lives publicly.
How a common law marriage ends
A valid common law marriage, whether an older Kentucky marriage formed before the license and solemnization requirements took effect or an out-of-state marriage recognized in Kentucky, ends only through formal divorce proceedings or the death of a spouse. There is no such thing as a common law divorce. A couple cannot dissolve a legal marriage by separating, dividing their property informally, or simply stopping the relationship.
This rule has real consequences for Kentucky residents. A person with a valid older Kentucky common law marriage or a valid out-of-state common law marriage who separates without obtaining a divorce remains legally married. Attempting to remarry without first obtaining a divorce would create a void or voidable second marriage under Kentucky law.
Divorce proceedings to dissolve an older Kentucky common law marriage or an out-of-state common law marriage recognized in Kentucky proceed under the same statutes as any Kentucky divorce. KRS Chapter 403 governs dissolution of marriage, including the criteria for spousal maintenance under and child support under .
For more on the financial aspects of marriage dissolution in Kentucky, see Kentucky alimony laws and Kentucky child support laws.
For a state-by-state comparison of common law marriage recognition, see Common law marriage by state.
Disclaimer: This page provides general legal information about common law marriage in Kentucky and is not legal advice. Marriage and family law determinations are fact-specific and depend on individual circumstances, including the law of the state where any claimed common law marriage was formed and the date on which it was allegedly entered into. This information was verified as of June 2, 2026. Consult a licensed Kentucky family law attorney for advice about your specific situation.
Last updated: June 2, 2026.
More Kentucky Laws
Frequently Asked Questions
Does Kentucky recognize common law marriage?
Kentucky does not allow new common law marriages to be formed in the state. Kentucky law requires a marriage license, and KRS 402.020 voids a marriage that is not solemnized in the presence of an authorized person or society. This requirement is not a 1990 enactment; Kentucky's own amendment history for KRS 402.020 shows no 1990 act, tracing the solemnization requirement back through a 1942 recodification to an earlier Kentucky Statute. Kentucky does recognize valid common law marriages formed in other states that permit them.
Does Kentucky law set a specific date it abolished common law marriage?
There is no confirmed 1990 abolition date. Kentucky's marriage license and solemnization requirement, codified at KRS 402.020(1)(c), has an amendment history on the Kentucky Legislature's own website showing changes in 2018, 1998, 1988, 1982, 1978, 1976, 1974, 1968, 1966, and 1960, plus a 1942 recodification from an earlier Kentucky Statute, with no 1990 amendment anywhere in that record. The requirement that a Kentucky marriage be licensed and solemnized has been in force for most or all of the last century, not since 1990.
Is 7 years of living together considered common law marriage in Kentucky?
No. This is a myth. Kentucky never required any minimum period of cohabitation to form a common law marriage, and no state does. Under current Kentucky law, cohabitation for any length of time does not create a marriage without a license. Cohabiting for 7 years in Kentucky produces no marital rights under Kentucky law.
Does Kentucky recognize a common law marriage from another state?
Yes. Kentucky recognizes a valid common law marriage formed in any state that permits such marriages, including Colorado, Texas, Iowa, Montana, Rhode Island, and the District of Columbia. This recognition follows the Full Faith and Credit Clause of the U.S. Constitution and Kentucky courts' general conflicts-of-law rule that a marriage valid where celebrated is valid in Kentucky.
What if I believe I have an older common law marriage formed in Kentucky?
Kentucky's own statutory history does not support 1990 as a cutoff date. If a common law marriage was ever validly formed in Kentucky before the license and solemnization requirement took effect, that would predate the last century, since the requirement is documented back to at least a 1942 recodification of an earlier Kentucky Statute. You would need to show that all elements of a valid common law marriage were present at that time: capacity, a present agreement to be married, cohabitation, and public holding out as a married couple. Consult a licensed Kentucky family law attorney rather than relying on 1990.
How do I end a common law marriage if I live in Kentucky?
A valid common law marriage ends only through formal divorce or the death of a spouse. There is no common law divorce in Kentucky. If you have an older Kentucky common law marriage or a valid out-of-state common law marriage, you must file for divorce in a court with proper jurisdiction. Consult a licensed Kentucky family law attorney for guidance on your situation.
What are the legal rights of a common law spouse in Kentucky?
A person whose common law marriage is recognized in Kentucky (either an older Kentucky marriage or a valid out-of-state marriage) has the same legal rights as any spouse under Kentucky law. Those rights include the right to inherit under intestate succession statutes, spousal privilege in court proceedings, eligibility for spousal maintenance under KRS 403.200, and rights in property acquired during the marriage.
Updates
Corrected the page's meta description, which wrongly stated Kentucky abolished common law marriage on January 1, 1990 -- a date the article's own body already explained has no basis in Kentucky's statutory history. Also repaired three dead statute-citation links (KRS 402.005, KRS 402.020, and KRS 403.200) that had drifted to unrelated Kentucky statutes.
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Removed the fabricated January 1, 1990 common-law-marriage abolition date and grandfathering narrative. The Kentucky Legislature's own published amendment history for KRS 402.020 (the marriage-solemnization statute) shows no 1990 act at all; the requirement traces to a 1942 recodification of an earlier Kentucky Statute, meaning Kentucky has not permitted in-state common law marriage formation for most or all of the last century, not since a specific 1990 cutoff.
Governing law re-checked for recent changes
Corrected KRS 402.020 and KRS 402.005 mischaracterizations throughout the page: 402.020 does not require a marriage license (it lists prohibited/void marriage categories, including voiding a marriage not solemnized before an authorized person), and 402.005 is a one-man/one-woman definition provision, not a license-voidness rule. De-anchored the general license requirement to Kentucky law and relabeled the 402.005 citation to its actual catchline. Left the January 1, 1990 abolition date exactly as written pending separate primary-source verification.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Kentucky Revised Statutes, Chapter 402: MARRIAGE
§ 402.005Definition of marriageIn force
As used and recognized in the law of the Commonwealth, "marriage" refers only to the civil status, condition, or relation of one (1) man and one (1) woman united in law for life, for the discharge to each other and the community of the duties legally incumbent upon those whose association is founded on the distinction of sex.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 13 court opinionsMost recently applied by a court: 2022
Leading cases:
- J.N.R. v. O'Reilly (Kentucky Supreme Court 2008, 264 S.W.3d 587)“…red little, if any, guidance when we turn to statutory law. KRS 402.005 defines it as "the civil status, condit…”
- Lane v. Lane (Kentucky Supreme Court 2006, 202 S.W.3d 577)“…n anti-nuptial agreement would be a more apt description as KRS 402.005 defines marriage as a union for life.…”
- Martin v. Ohio County Hospital Corp. (Kentucky Supreme Court 2009, 295 S.W.3d 104)“…e has argued that the statutory definition of “marriage” in KRS 402.005 precludes recovery for spousal consorti…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 402.020Other prohibited marriagesIn forcecited in 2 of our articles
(1) Marriage is prohibited and void: (a) With a person who has been adjudged mentally disabled by a court of competent jurisdiction; (b) Where there is a husband or wife living, from whom the person marrying has not been divorced; (c) When not solemnized or contracted in the presence of an authorized person or society; (d) Between members of the same sex; (e) Between more than two (2) persons; and (f) Except as provided in KRS 402.210, with a person who at the time of marriage is under eighteen (18) years of age. (2) Subsection (1)(f) of this section shall not apply to a lawful marriage entered into in the Commonwealth of Kentucky prior to July 14, 2018, or to a lawful marriage in another state or country prior to the parties' residence in the Commonwealth of Kentucky.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 23 court opinionsMost recently applied by a court: 2017
Leading cases:
- S.J.L.S. v. T.L.S. (Court of Appeals of Kentucky 2008, 265 S.W.3d 804)“…e which by expressed public policy is not recognized. See KRS 402.020(3) [now KRS 402.020(l)(c) ].” Murphy v…”
- Mangrum v. Mangrum (Court of Appeals of Kentucky (pre-1976) 1949, 310 Ky. 226)“…be annulled in an action brought by her next friend. KRS 402.020 prohibits marriage where the male is un…”
- Ferguson v. Ferguson (Court of Appeals of Kentucky 1980, 610 S.W.2d 925)“…ority on the basis of KRS 395.040(1). The appellant, citing KRS 402.020(3), contested the appellee’s claim, all…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Emancipation Laws: How Minors Become Emancipated in Kentucky (2026)
Kentucky Revised Statutes, Chapter 403: DISSOLUTION OF MARRIAGE -- CHILD CUSTODY
§ 403.200Maintenance -- Court may grant order for either spouseIn forcecited in 3 of our articles
(1) In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of a marriage by a court which lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse only if it finds that the spouse seeking maintenance: (a) Lacks sufficient property, including marital property apportioned to him, to provide for his reasonable needs; and (b) Is unable to support himself through appropriate employment or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 179 court opinionsMost recently applied by a court: 2026
Leading cases:
- Gentry v. Gentry (Kentucky Supreme Court 1990, 798 S.W.2d 928)“…todian not be required to seek employment outside the home. KRS 403.200(1). The Fayette Circuit Court determi…”
- Inman v. Inman (Court of Appeals of Kentucky 1979, 578 S.W.2d 266)“…of periodic maintenance payment to Mrs. Inman is improper. KRS 403.200 provides: In a proceeding for dissolu…”
- Age v. Age (Court of Appeals of Kentucky 2011, 340 S.W.3d 88)“…held as the method for establishing maintenance. In fact, KRS 403.200(1)(a) and (b) set out the required find…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Maintenance (Alimony) Laws: How It Works (2026), Kentucky Divorce Laws (2026): Grounds, Residency, and Process
§ 403.212Child support guidelines -- Administrative regulation establishing a child support obligation worksheet, manual with examples on Attorney General's website -- Terms to be applied in calculations -- TableIn forcecited in 4 of our articles
(1) The following provisions and child support table shall be the child support guidelines established for the Commonwealth of Kentucky. (2) The Office of the Attorney General shall: (a) Promulgate an administrative regulation in accordance with KRS Chapter 13A establishing a child support obligation worksheet; and (b) Make accessible on its website a manual providing examples or illustrations of the application of the child support guidelines and the child support obligation worksheet. (3) For the purposes of the child support guidelines: (a) "Income" means actual gross income of the parent if employed to full capacity or potential income if unemployed or underemployed; (b) "Gross income" includes income from any source, except as excluded in this subsection, and includes but is not limited to income from salaries, wages, retirement and pension funds, commissions, bonuses, dividends, severance pay, pensions, interest, trust income, annuities, capital gains, Social Security benefits, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, Supplemental Security Income (SSI), gifts, prizes, and alimony or maintenance received.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at apps.legislature.ky.gov
Cited in 113 court opinionsMost recently applied by a court: 2026
Leading cases:
- Downing v. Downing (Court of Appeals of Kentucky 2001, 45 S.W.3d 449)“…ild support. The child support guidelines set out in KRS 403.212 serve as a rebuttable presumption for t…”
- Commonwealth, Cabinet for Health & Family Services v. Ivy (Kentucky Supreme Court 2011, 353 S.W.3d 324)“…mount was determined by applying the child-support table in KRS 403.212 to Ivy's and Barnes's combined monthly…”
- Artrip v. Noe (Kentucky Supreme Court 2010, 311 S.W.3d 229)“…ate adjustment of the child support guidelines set forth in KRS 403.212. Accordingly, the trial court allowed t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Kentucky Child Support Laws (2026): Guidelines & Calculator
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Sources and References
- KRS 402.005, Definition of marriage(apps.legislature.ky.gov).gov
- KRS 402.020, Other prohibited marriages(apps.legislature.ky.gov).gov
- KRS 403.200, Maintenance(apps.legislature.ky.gov).gov
- U.S. Constitution Art. IV sec. 1 (Full Faith and Credit Clause)(law.cornell.edu)
- Common Law Marriage(law.cornell.edu)