Prominent law marriage is becoming an increasingly prominent topic of discussion, particularly in places such as Massachusetts, as an increasing number of couples opt to cohabit without obtaining a licence to legally marry.
So, does Massachusetts recognize common law marriage? The short answer is no—but there are important exceptions and legal options you should be aware of.
This article breaks down everything you need to know about common law marriage in Massachusetts, including how other states’ laws may apply and what you can do to protect your rights if you’re not legally married.
Is Common Law Marriage Legal in Massachusetts?
No, Massachusetts does not allow or recognize common law marriage created within the state. That means:
- Living together for many years
- Sharing finances or children
- Calling each other “husband” and “wife”
…does not make your relationship a legal marriage in the eyes of Massachusetts law.
To Be Legally Married in Massachusetts:
You must:
- Obtain a marriage license
- Participate in an official ceremony conducted by an authorized officiant
Without these steps, the state will not treat you as legally married—regardless of how long you’ve been together.
Does Massachusetts Recognize Out-of-State Common Law Marriages?
Yes, Massachusetts does recognize valid common law marriages established in other states.
If you and your partner:
- Lived in a state that allows common law marriage (such as Texas, Colorado, or Iowa)
- Met all that state’s legal criteria for common law marriage
- Later moved to Massachusetts
Then your marriage is considered valid in Massachusetts. You may qualify for rights and benefits such as:
- Spousal support (alimony)
- Property division during separation
- Health insurance access
- Inheritance rights
- Legal standing in court
This distinction matters—especially if your relationship involves shared property, health care decisions, or financial planning.
Legal Alternatives to Common Law Marriage in Massachusetts
Even though you can’t form a common law marriage in Massachusetts, you still have options to protect yourself legally if you’re in a long-term relationship.
1. Cohabitation Agreement
A private, legally binding contract that outlines:
- How property and debts will be divided
- Responsibilities during the relationship
- What happens if you break up
2. Health Care Proxy or Power of Attorney
These documents let your partner make medical or financial decisions on your behalf if you become incapacitated.
3. Wills and Estate Plans
Without a will, your partner has no automatic right to inherit your assets. An estate plan ensures your wishes are followed.
4. Joint Ownership of Assets
Ensure shared property (like homes, cars, and bank accounts) is properly titled to reflect both partners’ rights and access.
Final Say
- Massachusetts does not allow common law marriages to be formed within the state.
- However, the state does honor valid common law marriages from states where such unions are legal.
- If you’re in a committed relationship and want legal protection, consider creating cohabitation agreements, estate plans, and powers of attorney.
Understanding your legal status is crucial for long-term planning and security—especially if marriage isn’t on your agenda but commitment is.
