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

Wyoming does not allow couples to form a common law marriage within the state. State law has always required a marriage license and a formal ceremony, and no court has ever recognized a common law marriage created in Wyoming. If you and your partner live in Wyoming and want the legal protections of marriage, you must obtain a license and solemnize the marriage. The one important exception is that Wyoming will recognize a common law marriage that was validly formed somewhere else.

Information last verified on June 2, 2026.

For context on how other states handle this topic, see Common law marriage by state.

Does Wyoming recognize common law marriage?

No. Wyoming has never permitted couples to form a common law marriage within its borders. Wyoming's marriage statutes establish that a marriage in Wyoming requires a license issued by a Wyoming county clerk under Wyo. Stat. section 20-1-103, and a solemnization by an authorized officiant under Wyo. Stat. section 20-1-106. There is no alternative informal path to marriage under Wyoming law, and Wyoming courts have consistently held that cohabitation and mutual intent, without a license and ceremony, do not create a legal marriage.

This has been the rule in Wyoming since the state's earliest marriage statutes, and the legislature has never created an exception. Wyoming is therefore classified among the majority of states that have either abolished common law marriage or never recognized its formation.

The practical consequence is straightforward: two people who live together in Wyoming, share finances, refer to each other as husband and wife, and intend to be married are not legally married under Wyoming law unless they have obtained a license and gone through a solemnization. Without that formal step, neither partner has automatic inheritance rights, no spousal privilege applies in legal proceedings, and neither can make healthcare decisions for the other based on marital status alone.

What Wyoming law actually requires

Wyoming's marriage statutes set out the requirements for a valid Wyoming marriage. Wyo. Stat. section 20-1-101 still reads that "marriage is a civil contract between a male and a female person to which the consent of the parties capable of contracting is essential." Wyoming has never amended that wording, but the male and female limitation has been unenforceable since the US Supreme Court decided Obergefell v. Hodges in 2015, so same-sex couples marry in Wyoming on the same terms as everyone else. Section 20-1-103(a) then requires that "before solemnization of any marriage in this state, a marriage license shall be obtained from a Wyoming county clerk." Any Wyoming county clerk may issue that license: the statute does not tie it to the county where either party lives or to the county where the ceremony will take place. Under section 20-1-106, the marriage must then be solemnized by an officiant authorized under Wyoming law, such as a judge, magistrate, or ordained religious minister.

Section 20-1-106 identifies who may solemnize marriages, and section 20-1-103 governs the license requirements. (Section 20-1-104, formerly part of this article, was repealed in 1985.) Nothing in Title 20 of the Wyoming statutes creates or acknowledges a common law or informal marriage path. Courts interpreting these statutes have found the requirements to be mandatory, not merely procedural.

The Wyoming Supreme Court has not issued a modern ruling recognizing common law marriage because there is no legal basis for one under current Wyoming law. Any claim to a common law marriage formed in Wyoming would fail at the threshold.

Out-of-state common law marriages recognized in Wyoming

Although Wyoming does not allow common law marriages to form here, it does recognize a common law marriage that was validly formed in another state. The controlling authority is a Wyoming statute rather than a constitutional rule. Wyo. Stat. section 20-1-111, titled "Foreign marriages," provides that "all marriage contracts which are valid by the laws of the country in which contracted are valid in this state." That command works alongside the ordinary choice of law doctrine of comity, under which a court defers to the law of the place where a relationship was created. The Full Faith and Credit Clause is often cited for this result, but it governs judgments and public acts and has never been held to force one state to recognize a marriage formed in another, so section 20-1-111 is the provision that actually decides the question in Wyoming.

The states that currently allow couples to form a new common law marriage include Colorado, Iowa, Kansas, Montana, Rhode Island, and Texas, among others. If a couple forms a valid common law marriage in one of those states, satisfying all of that state's requirements, and then relocates to Wyoming, Wyoming courts and government agencies will treat them as legally married.

The critical requirement is that the marriage must have been valid where it was formed. Wyoming does not apply its own law to assess whether the relationship met the standards of the state of formation; it asks only whether the relationship satisfied the requirements of the state that permits common law marriage. If the out-of-state common law marriage was legally valid there, Wyoming will recognize it here.

This rule matters in a range of practical situations: inheritance when a partner dies without a will, eligibility for spousal benefits with an employer, filing state taxes as married, making healthcare decisions under Wyoming's healthcare surrogate statutes, and divorce proceedings if the relationship ends while the couple lives in Wyoming.

How to prove an out-of-state common law marriage in Wyoming

When a couple claims that their out-of-state common law marriage is valid in Wyoming, the burden falls on the person asserting the marriage to prove it. Wyoming courts will look at whether the couple satisfied the requirements of the state where the marriage was formed. The types of evidence that support an out-of-state common law marriage claim include:

• Testimony about where the couple was living when they began holding themselves out as married, along with the dates.
• Joint federal income tax returns filed as married in the state of formation.
• Lease agreements, mortgage documents, or other records showing cohabitation in the state that permits common law marriage.
• Employer benefit enrollment records listing the partner as a spouse.
• Affidavits from family members, friends, or coworkers in the state of formation who understood the couple to be married.
• Birth records for children listing both parties as parents.
• Insurance policies, wills, or bank accounts identifying the other as spouse.

The more documentation a couple has showing that they met the legal requirements of the originating state, the stronger the claim. Wyoming courts will evaluate the evidence under the law of the state where the marriage was allegedly formed, not under Wyoming law.

How a recognized common law marriage ends in Wyoming

Once Wyoming recognizes an out-of-state common law marriage, that marriage carries the same legal weight as any Wyoming ceremonial marriage. It can only end in one of two ways: through a formal divorce proceeding in Wyoming district court, or by the death of one spouse.

There is no such thing as a common law divorce. Two partners who arrived in Wyoming with a valid common law marriage from another state cannot dissolve that marriage by simply separating or agreeing to part ways. Until a Wyoming court enters a divorce decree, both parties remain legally married, regardless of how long they have been separated or how thoroughly they have disentangled their finances. Any subsequent attempt to marry another person while the first marriage is still legally intact would result in a void marriage. If you have separated from a spouse you married under another state's common law, have a Wyoming family lawyer look at the divorce in a free case evaluation before either of you remarries (attorney advertising).

A Wyoming divorce of a recognized common law marriage follows the same rules as any other Wyoming divorce, including equitable distribution of marital property under Wyo. Stat. section 20-2-114 and alimony considerations under section 20-2-114.

The 7-year myth

One of the most persistent myths in American family law is that living together for seven years creates a common law marriage. This rule does not exist in Wyoming or in any other US state. No Wyoming statute sets a cohabitation period that produces a legal marriage, and no Wyoming court has ever held that a specific number of years of cohabitation creates a marriage in the absence of a license.

The seven-year figure appears to have originated from a misreading of old ecclesiastical law concepts and has no foundation in any US state statute, past or present. In Wyoming, a couple could cohabit for thirty years, share all finances, refer to each other as spouses, and raise children together, and they would still not be legally married without a license and ceremony (unless they formed a valid common law marriage in a state that allows it before relocating to Wyoming).

Unmarried cohabitants in Wyoming should not assume that time alone creates legal rights. The absence of marriage means the absence of automatic spousal protections, including intestacy inheritance, spousal privilege, and the right to participate in healthcare decisions.

Protecting yourself without a formal marriage in Wyoming

Because Wyoming does not recognize common law marriage formation, couples who live together and want legal protections for each other need to take affirmative steps. The most reliable protection is to obtain a Wyoming marriage license and solemnize the marriage. For couples who choose not to marry, the following tools can approximate some of the protections that marriage provides:

• A will or revocable trust directing property to a partner, since Wyoming intestacy law does not distribute an estate to an unmarried partner.
• A durable financial power of attorney naming the partner as agent, allowing the partner to handle financial and legal matters if one person is incapacitated.
• A healthcare power of attorney or advance directive under Wyoming's Healthcare Decisions Act (Wyo. Stat. sections 35-22-401 through 35-22-416), naming the partner as the healthcare agent.
• Joint tenancy with right of survivorship on real property, so that the property passes to the surviving partner without probate.
• Beneficiary designations on life insurance, retirement accounts, and payable-on-death bank accounts.

These documents do not create a marriage, but they can protect a partner's interests in many of the practical situations where marital status otherwise controls.

Disclaimer: This page provides general legal information about Wyoming marriage law and is not legal advice. Laws can change, and individual circumstances vary significantly. Consult a licensed Wyoming family law attorney for advice about your specific situation.

Related articles

• Wyoming alimony laws
• Wyoming child support laws
• Common law marriage by state

Last updated: June 2, 2026.

More Wyoming Laws

• Wyoming Alimony Laws
• Wyoming Divorce Laws

Frequently Asked Questions

Does Wyoming recognize common law marriage?

Wyoming does not allow couples to form a common law marriage within the state. Wyo. Stat. section 20-1-103 requires a marriage license and section 20-1-106 requires a formal solemnization ceremony. However, Wyoming does recognize a common law marriage that was validly formed in another state that permits it, such as Colorado, Texas, or Iowa.

How many years do you have to live together to be common law married in Wyoming?

No number of years of cohabitation creates a marriage in Wyoming. Wyoming has never had a common law marriage rule, and the popular seven-year rule is a myth that does not exist in any US state. A Wyoming marriage requires a license and a ceremony, regardless of how long the couple has lived together.

What happens if we formed a common law marriage in another state and moved to Wyoming?

Wyoming recognizes a common law marriage that was validly formed in a state that permits it. Wyo. Stat. section 20-1-111 provides that marriage contracts valid where they were contracted are valid in Wyoming. If you met all of that state's requirements before moving to Wyoming, Wyoming courts and agencies will treat you as legally married.

How do you get a divorce from a common law marriage in Wyoming?

A valid out-of-state common law marriage recognized in Wyoming ends only through a formal Wyoming divorce proceeding in district court, or by the death of one spouse. There is no common law divorce. Simply separating does not end the marriage.

If my partner dies in Wyoming without a will and we were never formally married, do I inherit anything?

Not automatically. Wyoming intestacy law distributes a decedent's estate to legal spouses and blood relatives. An unmarried partner has no automatic inheritance right. To protect your partner, you need a will, a revocable trust, joint tenancy ownership of property, or beneficiary designations on financial accounts.

Does Wyoming have a domestic partnership or civil union law?

No. Wyoming does not have a statewide domestic partnership or civil union registry that provides marriage-like rights to unmarried couples. Informal cohabitation creates no automatic legal rights under Wyoming law.

What documents should cohabiting couples in Wyoming use to protect each other?

Without a formal marriage, cohabiting Wyoming couples should consider: a will or revocable trust to direct property, a durable financial power of attorney, a healthcare power of attorney or advance directive under Wyo. Stat. sections 35-22-401 through 35-22-416, joint tenancy with right of survivorship on real estate, and beneficiary designations on retirement accounts and life insurance.