Common Law Marriage in Vermont: Is It Recognized? (2026)
Common Law Marriage in Vermont: Is It Recognized? (2026)
Vermont does not allow couples to form a common law marriage within the state. Vermont law has never recognized common law marriage formation: a valid marriage in Vermont requires a marriage license and a solemnization ceremony under Title 15 of the Vermont Statutes. Vermont does, however, recognize a common law marriage that was validly formed in another state.
Information last verified on June 2, 2026.
For context on how other states handle this topic, see Common law marriage by state.
Does Vermont recognize common law marriage?
Vermont does not permit couples to form a common law marriage within Vermont. The Vermont Legislature has never enacted a statute authorizing common law marriage, and Vermont courts have consistently held that marriage in Vermont requires compliance with the licensing and solemnization requirements of Title 15 of the Vermont Statutes. There is no informal path to marriage under Vermont law, regardless of how long a couple has lived together or how they present themselves publicly.
Vermont is not alone in this position. The majority of US states have never permitted common law marriage formation or abolished it decades ago. Vermont falls in the category of states that have simply never recognized it.
What Vermont does is recognize a common law marriage validly formed in another state. If a couple complied with the requirements of a state that allows common law marriage (such as Colorado, Iowa, Kansas, Montana, Rhode Island, or Texas) and those requirements were satisfied before the couple moved to Vermont, Vermont will treat that marriage as valid. This out-of-state recognition flows from the Full Faith and Credit Clause of the US Constitution and longstanding conflict-of-laws principles.
Vermont marriage requirements: license and solemnization
Vermont requires a marriage license and a solemnization ceremony to create a valid marriage within the state. Title 15 of the Vermont Statutes governs the formation of civil marriages. Section 8 of that title defines marriage as "the legally recognized union of two people" and specifies that "marriage" means a civil marriage.
To marry in Vermont, the couple must:
- Apply for a marriage license through the town clerk in any Vermont town.
- Satisfy the eligibility requirements (both parties must be 18 or older, not already married to another living person, and not within the prohibited degrees of consanguinity listed in 15 V.S.A. section 1a).
- Have the marriage solemnized by an authorized officiant within 60 days of the license being issued.
- Have the signed license returned to the town clerk for recording as a vital record under Title 18 of the Vermont Statutes.
A marriage that skips any of these steps is not recognized under Vermont law. There is no court process, as there is in Utah, by which a couple can petition to have an informal cohabiting relationship declared a marriage after the fact if the relationship arose in Vermont.
Why Vermont has never recognized common law marriage
Vermont has a civil-law tradition of clearly defined formal marriage, reinforced by its vital records system. The Vermont Legislature has consistently required a license and ceremony as the mechanism for creating a marriage, and the courts have enforced that requirement. There is no recorded Vermont case holding that common law marriage formation is valid under Vermont law.
Vermont was also an early adopter of alternative legal statuses for couples outside traditional marriage. In 2000, Vermont became the first state in the country to create civil unions for same-sex couples, providing most of the state-level benefits of marriage through a licensed formal process. In 2009, Vermont legalized same-sex marriage. Both expansions used the formal licensing framework rather than any informal recognition doctrine. This history reflects a consistent legislative preference for defined, licensed, recorded relationship statuses rather than judicially inferred ones.
Out-of-state common law marriages: Vermont will recognize them
Although Vermont does not allow common law marriages to be formed here, Vermont does apply the doctrine of comity to recognize marriages validly formed in other states. Under this principle, a marriage valid where it was celebrated is generally valid everywhere.
If a couple formed a valid common law marriage in Colorado, Iowa, Kansas, Montana, Rhode Island, Texas, or another state that recognizes common law marriage, and that marriage was valid under the law of that state at the time it was formed, Vermont will recognize the marriage as valid. The couple does not need to re-marry in Vermont.
The same principle applies to grandfathered common law marriages: a marriage formed before a state abolished common law marriage. For example, a couple that formed a valid common law marriage in Pennsylvania before January 1, 2005 has a recognized marriage in Vermont, even though Pennsylvania no longer allows new common law marriages.
For a common law marriage formed in another state to be recognized in Vermont, the marriage must have actually satisfied the requirements of that state. Simply living together in a state that permits common law marriage does not mean a common law marriage was formed there. The couple must have met all the legal elements required by that state (typically: mutual present agreement to be married, cohabitation, and public holding-out as spouses).
How Vermont handles property and support for unmarried couples
Vermont does not have a doctrine equivalent to "palimony" (a contract-based claim for support between unmarried partners) in the same robust form as some other states. However, Vermont courts may look to general contract and equity principles in disputes between long-term cohabiting partners over property they accumulated together.
Vermont law does recognize domestic partnerships for purposes of certain state benefits and local municipal registries. These domestic partnerships are not marriages and do not carry all the same legal rights as marriage, but they can provide some protections in limited contexts.
Couples in Vermont who want the full legal protections of marriage (including inheritance rights, spousal benefit eligibility, hospital visitation rights, and property division on separation) need to obtain a Vermont marriage license and go through the solemnization process. No amount of cohabitation creates those rights automatically in Vermont.
The 7-year myth
The belief that living together for seven years automatically creates a common law marriage is one of the most widespread legal myths in the United States. It has no basis in any state statute, and Vermont has never had such a rule. Vermont does not recognize common law marriages formed within the state, and no time period of cohabitation changes that. Couples who have lived together in Vermont for any length of time (whether two years or twenty) have not formed a marriage under Vermont law.
The seven-year figure appears to have originated from a misreading of historical ecclesiastical law and has persisted through popular culture. Legal advice based on this belief is incorrect.
Out-of-state recognition: what it means for former residents
Vermont residents who formed a common law marriage in another state before moving to Vermont should take a few practical steps to protect their rights:
- Obtain a declaration or judgment of the common law marriage from the state where it was formed, if that state offers one. Texas, for example, allows couples to register an informal marriage with the county clerk under Texas Family Code section 2.402.
- Obtain a formal marriage license and ceremony in Vermont or any other state to create a recorded, indisputable marriage record.
- Update beneficiary designations on retirement accounts, life insurance, and investment accounts to reflect the spouse.
- Execute a durable power of attorney and healthcare directive to ensure the spouse can make decisions without relying solely on recognized marital status.
Vermont will recognize a properly formed out-of-state common law marriage, but having additional documentary proof is always prudent, particularly for matters handled by federal agencies, employers, or financial institutions that may not be familiar with common law marriage recognition rules.
Disclaimer: This page provides general legal information about Vermont common law marriage law and is not legal advice. Laws change and individual circumstances vary. Consult a licensed Vermont family law attorney for advice about your specific situation.
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Last updated: June 2, 2026.