Alabama common law marriage was abolished for any relationship formed on or after January 1, 2017, but couples who validly established one before that date are still legally married under Alabama law.1Alabama Legislature. Alabama Code 30-1-20 – Common-Law Marriage Abolished That recognition carries the same weight as a licensed marriage, which means the same rights, the same responsibilities, and the same formal process to get out of it.
The January 1, 2017 Cutoff
Alabama Code § 30-1-20, enacted as Act 2016-306, is short and blunt: no common law marriage may be entered into in the state on or after January 1, 2017.1Alabama Legislature. Alabama Code 30-1-20 – Common-Law Marriage Abolished The statute is not retroactive. A relationship that met every element of a common law marriage before that date remains a marriage. A relationship that first satisfied those elements on January 2, 2017 or later does not, no matter how long the couple has lived together or how thoroughly they hold themselves out as spouses.
So the threshold question for anyone asking about common law marriage in Alabama is simple: was the marriage complete before 2017? If yes, the rest of this article applies. If no, no amount of cohabitation, shared bills, or shared last name will create a marriage in Alabama today.
What Counted as a Valid Common Law Marriage Before 2017
Alabama courts required three elements, drawn from case law including Boswell v. Boswell, 497 So. 2d 479 (Ala. 1986) and Stringer v. Stringer, 689 So. 2d 194 (Ala. Civ. App. 1997).2Justia. Stringer v Stringer – 1997 Alabama Court of Civil Appeals Decisions All three had to be in place at the same time, and before January 1, 2017.
- Capacity. Both people had to be legally able to marry: at least 18, of sound mind, and not already married to someone else.
- A present agreement to be married. Not plans for a future wedding, not talk of getting married “someday.” Both parties had to presently agree they were married to each other, to the exclusion of anyone else. Discussions about a future ceremony actually cut against a common law marriage claim, because they suggest the couple did not yet consider themselves married.
- Public recognition and cohabitation. The couple had to live together and hold themselves out publicly as spouses, so that family, friends, and community treated them as a married couple.
A couple who lived together for years but kept the relationship private, or who publicly acted married but never actually agreed between themselves that they were married, would fail the test.
Proving It Now
Alabama does not treat common law marriage as a casual claim. A person asserting one must prove it by clear and convincing evidence, a standard higher than the ordinary civil “more likely than not.”3SSA – POMS. POMS PR 05605.001 – Alabama Under Alabama Code § 6-11-20(b)(4), the evidence must produce a firm conviction in the judge that the marriage existed and a high probability that the conclusion is correct.
Judges look at the totality of the couple’s conduct before the 2017 cutoff. The evidence that carries the most weight tends to be documentary:
- Joint federal or state tax returns filed as married. These are sworn under penalty of perjury and are among the strongest single pieces of proof.
- Shared property with both names listed as spouses, such as a home deed, mortgage, or car title.
- Joint bank accounts, credit cards, or loans signed by both parties as spouses.
- Life insurance, retirement, or health insurance beneficiary designations naming the other as spouse.
- Consistent use of the same last name on official documents and in daily life.
- Statements from friends, family, coworkers, and neighbors who knew the couple as married.
No single item is dispositive. A paper trail spanning years, from tax filings to a joint mortgage to insurance forms, is far harder to attack than testimony alone.
What Recognition Gets You
An Alabama court that recognizes a pre-2017 common law marriage treats it as legally identical to any other marriage. There is no lesser tier.
Property and Support in a Divorce
Alabama is an equitable distribution state, so a judge divides marital property in a way the court considers fair, which is not necessarily equal. A recognized common law spouse receives the same equitable division. A judge can also award alimony if one spouse lacks a sufficient separate estate for self-support.
Inheritance
A recognized common law spouse inherits like any other spouse. Under Alabama Code § 43-8-41, the surviving spouse’s share of an intestate estate depends on whether the deceased left surviving children or parents; if neither survives, the spouse takes the entire estate.4Alabama Legislature. Alabama Code 43-8-41 – Share of the Spouse The surviving spouse also has priority to be appointed personal representative of the estate.
Children
Children born during a recognized common law marriage benefit from the marital presumption of paternity: the husband is legally presumed to be the father. That presumption simplifies custody, child support, and inheritance questions for those children.
Medical Decisions
A recognized common law spouse has the same authority to make medical decisions for an incapacitated partner that any other spouse would have. Without that recognition, a long-term partner can be locked out of healthcare decisions entirely.
Federal Taxes and Social Security
The IRS recognizes a common law marriage for federal tax purposes if it is valid under the law of the state where it was formed, even if the couple later moves elsewhere.5Internal Revenue Service. Publication 501 (2025), Dependents, Standard Deduction, and Filing Information So a couple with a valid pre-2017 Alabama common law marriage can file jointly or as married filing separately, which affects brackets, the standard deduction, and various credits.
The Social Security Administration also honors valid common law marriages for spousal and survivor benefits, though it requires specific documentation to verify the relationship, including sworn statements from the surviving spouse and blood relatives of both spouses, plus corroborating records such as mortgages, insurance policies, medical records, and bank records.6SSA – POMS. Development of Common-Law (Non-Ceremonial) Marriages Gathering that documentation while records are still accessible and witnesses are still living makes a later claim far easier.
Common Law Marriages Formed in Other States
Under the Full Faith and Credit Clause, Alabama generally recognizes marriages validly formed in another state.7LII / Legal Information Institute. Common Law Marriage So a couple who established a valid common law marriage in a state that still allows them, such as Colorado, Texas, or Kansas, remains married after moving to Alabama, even after the 2017 cutoff. The reverse works too: a valid pre-2017 Alabama common law marriage should be honored in a state that never allowed its own residents to form one. Proof gets harder across state lines, so keep the documentation.
Ending It Takes a Formal Divorce
There is no such thing as a common law divorce in Alabama. Because a recognized common law marriage is legally the same as any other marriage, ending it requires filing a divorce complaint in the appropriate circuit court and resolving property division, alimony, and any child-related issues before a judge issues a final decree.
Moving out, separating, or starting a new relationship does not end the marriage. Couples sometimes assume an informal beginning means an informal ending. It does not, and that assumption creates the single largest legal risk in this area.
The Bigamy Risk
If someone with a valid pre-2017 common law marriage enters a new marriage without first getting divorced, Alabama treats the second marriage as bigamy. Under Alabama Code § 13A-13-1, a person commits bigamy by intentionally contracting or purporting to contract a marriage while still having a living spouse, and bigamy is a Class C felony.8Alabama Legislature. Alabama Code 13A-13-1 – Bigamy
The statute provides a defense if the person reasonably believed the prior marriage had ended by death, divorce, or annulment, or if the spouses had lived apart for five consecutive years without the prior spouse being known to be alive.8Alabama Legislature. Alabama Code 13A-13-1 – Bigamy Relying on that defense in a courtroom is a far worse position than filing for divorce first.
The property consequences can be just as damaging as the criminal exposure. A first spouse who was never divorced may still have claims against property acquired during the second relationship. Anyone who thinks they may have been in a common law marriage before 2017 and has since paired off with someone new should resolve the status now, not after a death or a lawsuit forces the question.