Common Law Marriage in Alabama: Legal Requirements and Exceptions

The idea of common law marriage—where a couple lives together and is considered legally married without a license or ceremony—has a long history in the United States.

For years, Alabama was one of the few states that recognized common law marriage, but that changed in 2017.

If you’re in a long-term relationship in Alabama or recently moved to the state, it’s important to understand the current legal status of common law marriage, what exceptions still apply, and how to protect your rights.

Is Common Law Marriage Still Legal in Alabama?

No. Common law marriage is no longer recognized in Alabama if it was formed on or after January 1, 2017.
This change came from Alabama Act No. 2016-306, which abolished the creation of new common law marriages starting in 2017.

What This Means:

• If your relationship began on or after January 1, 2017, you must obtain a marriage certificate to be legally married.
• Simply cohabiting, sharing finances, or introducing each other as spouses does not create a marriage under Alabama law anymore.

What About Common Law Marriages Formed Before 2017?

Alabama still recognizes common law marriages that were validly established before January 1, 2017.

To prove a common law marriage existed before the cutoff, you must demonstrate:

• Mutual agreement to be married
• Public presentation as a married couple (e.g., introducing each other as spouses, using the same last name)
• Cohabitation

Courts require clear and convincing evidence that the couple intended to be married and behaved as such in public.

Recognition of Out-of-State Common Law Marriages

If a couple has a valid common law marriage from another state, Alabama will recognize it as legal, even if it was formed after 2017—as long as it complies with the laws of the state where it was established.

This can impact:

• Divorce proceedings
• Inheritance rights
• Spousal benefits and legal responsibilities

Legal Protections for Unmarried Couples in Alabama

Couples who are not legally married in Alabama can still take steps to protect their rights and assets, especially in the event of a breakup or the death of a partner.

Recommended Legal Tools:

1. Cohabitation Agreement – Outlines how assets and debts are divided if the relationship ends.
2. Power of Attorney – Gives your partner authority over health or financial decisions in emergencies.
3. Will or Living Trust – Ensures your partner inherits your property, since unmarried partners do not automatically inherit under Alabama law.
4. Parental Rights Agreements – Necessary for establishing custody or decision-making rights for children born to unmarried parents.

Final Thoughts

Although Alabama no longer allows new common law marriages, couples who formed such unions before 2017 may still have legal recognition—if they can prove it. For unmarried couples today, legal marriage remains the only path to automatic marital rights in the state.

However, with thoughtful planning and legal documentation, unmarried partners can still safeguard their relationships, property, and families.

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