Legal Definitions - informal marriage

An informal marriage, also widely known as a common-law marriage, is a legally recognized marital relationship that arises when a couple meets specific statutory requirements without undergoing a formal marriage ceremony or obtaining a marriage license. For an informal marriage to be valid, the couple typically must:

• Agree to be married to each other.
• Live together as spouses.
• Present themselves to others as being married.

The specific requirements and whether informal marriages are recognized vary by state.

Here are some examples illustrating an informal marriage:

• Example 1: Sarah and Mark have lived together for 15 years in a state that recognizes informal marriages. They consistently introduce each other as "my husband" and "my wife" to friends, family, and colleagues. They share a joint bank account, own a home together as "Mr. and Mrs. Smith," and have made joint financial decisions throughout their relationship, including filing taxes as a married couple. They never had a formal wedding ceremony, but their actions and declarations demonstrate their mutual intent to be married and their public presentation as such.

  Explanation: This example illustrates an informal marriage because Sarah and Mark have clearly agreed to be married (implied by their actions and declarations), they live together as spouses, and they hold themselves out to the community as a married couple. Their long-term cohabitation and consistent public representation fulfill the typical requirements for an informal marriage.

• Example 2: After dating for several years, David and Emily decide they want to be married but postpone a formal ceremony due to financial constraints. They move into an apartment together in a state that recognizes informal marriage, purchase a car jointly, and list each other as beneficiaries on their life insurance policies, referring to each other as "spouse." When applying for a mortgage, they both sign the application as married individuals. Although they never had a wedding, their actions demonstrate their intent to establish a marital relationship.

  Explanation: David and Emily's situation qualifies as an informal marriage because they have implicitly agreed to be married (by their joint financial decisions and beneficiary designations), they live together, and they present themselves as married to third parties (e.g., the mortgage lender, insurance companies). These actions fulfill the criteria for a legally recognized informal marriage in a state that permits it.

• Example 3: Maria and Carlos have been in a committed relationship for 20 years, raising three children together in a state that recognizes informal marriage. They refer to each other as "partners for life" and "my spouse" in front of their children, friends, and doctors. They have always made major life decisions, such as purchasing property and planning for retirement, as a unified couple. While they never exchanged vows in a ceremony, their long-standing commitment, shared life, and mutual presentation as a married unit to their community demonstrate their intent and status as informally married.

  Explanation: This example demonstrates an informal marriage through Maria and Carlos's long-term cohabitation, their mutual agreement to be married (evidenced by their shared life decisions and declarations), and their consistent presentation as a married couple to their social circle and professionals. These elements collectively establish a legally recognized informal marriage.