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

Illinois does not recognize common law marriage formed within the state. Under 750 ILCS 5/214, a common law marriage contracted in Illinois after June 30, 1905, is invalid. Illinois does, however, generally recognize a marriage that was valid where it was contracted, including an out-of-state common law marriage, under 750 ILCS 5/213, unless recognizing it would be contrary to Illinois public policy.

Information last verified on June 2, 2026.

Jurisdiction scope: This article addresses Illinois state law on common law marriage under 750 ILCS 5/214 and on out-of-state recognition under 750 ILCS 5/213. It does not constitute legal advice. For a state-by-state comparison, see Common Law Marriage by State.

Does Illinois Recognize Common Law Marriage?

Illinois does not allow couples to form a common law marriage within the state. The Illinois Marriage and Dissolution of Marriage Act, at 750 ILCS 5/214, provides in full that "Common law marriages contracted in this State after June 30, 1905 are invalid." A separate section of the same Act, 750 ILCS 5/201, sets out how a marriage is validly created here: "A marriage between 2 persons licensed, solemnized and registered as provided in this Act is valid in this State." The Illinois legislature abolished common law marriage formation over a century ago, setting July 1, 1905, as the cutoff date after which an informally formed marriage has no legal validity in Illinois.

Because the abolition date is 1905, the pre-cutoff grandfather window is entirely historical. No living person who cohabited exclusively in Illinois can hold a valid Illinois common law marriage, given that any such marriage would have needed to be fully formed before July 1, 1905. Unlike states with more recent abolition dates such as Alabama (2017 cutoff) or South Carolina (2019 cutoff), the practical significance of Illinois's grandfather clause is limited to legal history, probate cases involving very old estates, or questions about ancient property records.

Illinois courts have consistently applied this rule. Illinois courts have held that cohabitation, however long, and mutual presentation as a married couple do not create a marriage in Illinois without compliance with the statutory licensing and solemnization requirements set out in 750 ILCS 5/201.

Illinois's Long History of Rejecting Common Law Marriage Formation

Illinois stands out even among states that have abolished common law marriage, because it acted so early. The 1905 statutory abolition predates the abolitions in most other states by decades. States like Ohio waited until 1991, Pennsylvania until 2005, and South Carolina until 2019 to end prospective common law marriage recognition, while Illinois closed the door before World War I.

The Illinois Marriage and Dissolution of Marriage Act codified and reinforced this position when the legislature enacted a comprehensive marriage statute. Section 214 of that Act, now compiled at 750 ILCS 5/214, carries forward the prohibition that has been in place since 1905. Under that section, a common law marriage contracted in Illinois after June 30, 1905, is invalid, so no marital status arises from it and neither partner acquires spousal rights. No court action is required to treat such a marriage as non-existent, though parties may ask a court to resolve the question if the status is disputed.

The Illinois legislature's policy choice reflects the view that marriage, as a legal status with significant consequences for property, inheritance, taxation, spousal privilege, and public benefits, should be created through a clear and documented public process. A license and solemnization provide that clarity. Informal arrangements, however sincere, do not.

For couples who lived together in Illinois for many years without a license, this means no marital rights arise from that cohabitation alone. Illinois courts have declined to recognize palimony claims based on an informal marriage theory. The Illinois Supreme Court held in Hewitt v. Hewitt, 77 Ill. 2d 49 (1979), that property claims between unmarried cohabitants are unenforceable, including claims resting on an express contract, because enforcing them would contravene the public policy against common law marriage reflected in the Illinois Marriage and Dissolution of Marriage Act. The court reaffirmed that rule in Blumenthal v. Brewer, 2016 IL 118781, rejecting arguments that Hewitt was outdated.

Does Illinois Recognize a Common Law Marriage From Another State?

Generally yes. Under 750 ILCS 5/213, marriages contracted outside Illinois that were valid at the time of the contract, or that were subsequently validated by the laws of the place where they were contracted or by the domicile of the parties, are valid in Illinois, "except where contrary to the public policy of this State." That statutory rule tracks the general conflicts-of-law principle that a marriage valid where contracted is recognized elsewhere. The public-policy exception is the limit worth knowing about: recognition is the rule rather than an absolute guarantee, and the exception is the ground on which a contested out-of-state marriage can fail in an Illinois court.

For example, a couple who validly formed a common law marriage in Colorado, where common law marriage rests on case law rather than on an enabling statute and where C.R.S. section 14-2-109.5 restricts recognition of any common law marriage entered on or after September 1, 2006, to parties who were both 18 or older, or who entered a valid informal marriage in Texas under Tex. Fam. Code section 2.401, and who later moved to Illinois, generally retains that marital status in Illinois. Illinois courts then treat the couple as legally married for purposes of divorce, property division, spousal maintenance under 750 ILCS 5/504, inheritance rights under 755 ILCS 5/2-1, and all other legal incidents of marriage.

The Full Faith and Credit Clause of the United States Constitution, Article IV, section 1, also supports this recognition when the out-of-state common law marriage was established through a judicial proceeding (Utah, for example, allows a party to petition a court to validate a marriage that was not solemnized, under Utah Code section 81-2-408). For informal marriages established through conduct alone (as in Colorado or Iowa), the comity doctrine and 750 ILCS 5/213 provide the applicable framework.

To establish Illinois recognition of an out-of-state common law marriage, the asserting party must demonstrate that the marriage satisfied all requirements of the state where it was formed. A party claiming a valid Colorado common law marriage must show the elements recognized in In re Marriage of Hogsett & Neale, 2021 CO 1, 478 P.3d 713 (Colo. 2021), including the parties' mutual consent to be married and their conduct holding themselves out as married.

How to Prove a Common Law Marriage Formed in Another State

Because a common law marriage leaves no official license or certificate, the party asserting such a marriage bears the burden of proof. Illinois courts evaluating whether to recognize an out-of-state common law marriage apply the law of the state where the marriage was allegedly formed to determine what elements must be proved and what standard of proof applies.

In practice, the same categories of evidence are relevant regardless of which state's law governs:

• Joint federal and state income tax returns filed with both parties identified as married or as husband and wife
• Joint bank accounts, joint real property deeds, or joint mortgage or lease agreements
• Life insurance policies or retirement account beneficiary designations listing the partner as a spouse
• Loan applications or government-benefit enrollment forms identifying the relationship as a marriage
• Affidavits from family members, friends, coworkers, neighbors, or clergy who knew the couple as a married pair
• Correspondence, greeting cards, or social media records in which the parties referred to each other as husband, wife, or spouse
• Use of a shared last name or documents in which both parties are identified as husband and wife
• Birth certificates of children listing both parties as parents with the same last name

No single document is automatically conclusive. Courts assess the totality of the circumstances against the requirements of the state where the marriage was allegedly formed.

The 7-Year Myth

A persistent misconception holds that cohabiting for seven years automatically creates a common law marriage. This is false in every state, including Illinois. No state, including the states that still permit common law marriage formation, sets a minimum number of years of cohabitation as a legal threshold or automatic trigger.

The states that still allow common law marriage focus on the intent and conduct of the parties: a mutual present agreement to be married, cohabitation, and public representation of the marriage to others. Duration of cohabitation may be relevant circumstantial evidence of intent, but no fixed number of years is a requirement.

In Illinois, this point is dispositive. Since July 1, 1905, no period of cohabitation in Illinois, whether seven years or seventy years, creates a legal marriage without a license and ceremony. This has been the law for over a century.

How a Common Law Marriage Ends

A valid common law marriage formed in another state and recognized in Illinois can only be terminated by a formal divorce or the death of a spouse. There is no such thing as a "common law divorce." Separating households, signing a separation agreement, dividing property informally, or ceasing to cohabit does not dissolve a marriage.

This rule carries significant practical consequences. An Illinois resident who holds a valid out-of-state common law marriage and separates from their partner without filing for divorce remains legally married under Illinois law. Entering a new marriage in Illinois without obtaining a divorce would render that second marriage void or voidable.

Divorce proceedings in Illinois to dissolve a valid out-of-state common law marriage follow the same procedures as any Illinois dissolution action under the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/101 et seq. The court applies Illinois property division law, the spousal maintenance factors under 750 ILCS 5/504, and the same residency and jurisdictional requirements that apply to any Illinois dissolution.

For more on the financial aspects of dissolving a marriage in Illinois, see Illinois alimony laws and Illinois child support laws.

For a state-by-state comparison of which states recognize common law marriage, see Common law marriage by state.

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Disclaimer: This page provides general legal information about common law marriage recognition in Illinois and is not legal advice. Marriage and family law determinations are fact-specific and depend on individual circumstances, including the law of the state where any claimed common law marriage was formed. This information was verified as of June 2, 2026. Consult a licensed Illinois family law attorney for advice about your specific situation.

Last updated: June 2, 2026.

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