No, Arkansas does not recognize common law marriage. A couple cannot become legally married in Arkansas simply by living together, regardless of how long the relationship lasts or how closely it resembles a traditional marriage.
This point is often misunderstood, especially by long-term couples who share homes, finances, or children. Arkansas law is clear and strict on this issue. Below is a complete, plain-English explanation of how common law marriage works, why Arkansas rejects it, and what that means in real life.
How Marriage Is Defined in Arkansas
Arkansas follows a statutory marriage system. That means marriage exists only when the legal steps required by state law are followed.
To be legally married in Arkansas, a couple must:
- Obtain a valid marriage license
- Be legally eligible to marry
- Have the marriage properly solemnized
Without these steps, Arkansas law does not consider the couple married — no matter how committed or long-standing the relationship may be.
This rule has been consistent in Arkansas for many decades.
Understanding the Idea of Common Law Marriage
Common law marriage is a concept where marital status is based on a couple’s conduct and mutual understanding, rather than formal documentation. Historically, it developed in places where access to clergy or government offices was limited.
In states that recognize it, courts examine whether the couple intended to be married and lived as such in the eyes of the community. When accepted, these relationships carry full marital rights and obligations.
Arkansas, however, does not accept this informal approach.
Why Arkansas Does Not Allow Common Law Marriage
Arkansas lawmakers and courts favor certainty and documentation when it comes to marriage. The goal is to avoid disputes that arise when relationships end or when one partner dies.
By requiring formal marriage procedures, Arkansas prevents:
- Unclear claims to property
- Conflicts over inheritance
- Disputes over spousal support
- Confusion in divorce proceedings
Instead of forcing judges to reconstruct relationships based on memories and testimony, the state relies on clear legal records.
Common Beliefs That Are Legally Incorrect in Arkansas
Many couples believe certain actions automatically create a marriage. In Arkansas, these beliefs are wrong.
1. Living together for many years
Length of cohabitation has no legal effect
2. Calling each other husband and wife
Words alone do not create marital status
3. Sharing bank accounts or property
Financial mixing does not establish marriage
4. Raising children together
Parenthood does not convert a relationship into a marriage
Even if friends, family, or the community believe the couple is married, Arkansas law will not.
What Happens When Unmarried Couples Separate?
Because common law marriage does not exist in Arkansas, separation between unmarried partners is not a divorce.
Property Ownership
There is no automatic right to shared property. Courts look at:
- Whose name is on the deed or title
- Who paid for the asset
- Any written or provable agreements
Marital property laws do not apply to unmarried couples.
No Right to Alimony
Spousal support is available only after a legal marriage. Unmarried partners generally cannot claim financial support after separation.
Child-Related Issues
Child custody and child support are handled separately. A parent’s rights and duties exist regardless of marital status.
Inheritance and Death of a Partner
This is where misunderstandings cause the most damage.
If one partner dies without a will:
- The surviving partner does not automatically inherit
- Property passes to legal heirs such as children, parents, or siblings
Even decades of cohabitation do not create inheritance rights in Arkansas.
Out-of-State Common Law Marriages
Arkansas may recognize a common law marriage if it was validly created in another state that allows such marriages.
Important limits apply:
- The marriage must meet the legal requirements of the other state
- Simply moving to Arkansas does not create or strengthen a common law marriage
This situation often affects couples relocating from states that still recognize common law marriage.
Legal Alternatives for Unmarried Couples in Arkansas
Since common law marriage is not available, couples must plan deliberately if they want legal protection.
Cohabitation Agreements
These contracts can define:
- Property ownership
- Financial responsibilities
- What happens if the relationship ends
Courts generally enforce clear, voluntary agreements.
Estate Planning
Unmarried partners should strongly consider:
- Wills
- Beneficiary designations
- Powers of attorney
Without these documents, a surviving partner may have no legal standing at all.
Why This Issue Matters More Than People Think
Many legal disputes arise because couples assume they are “basically married.” In Arkansas, that assumption can lead to:
- Loss of property
- No inheritance rights
- No financial protection after separation
The law does not punish commitment — but it does require clarity.
Final Takeaway
There is no common law marriage in Arkansas. Living together, sharing finances, raising children, or presenting yourselves as spouses does not create a legal marriage under Arkansas law. Without a marriage license and proper legal steps, couples remain unmarried — regardless of how long the relationship lasts.
Arkansas may recognize a valid common law marriage formed in another state, but it does not allow new ones to form within its borders.
If your relationship involves shared property, long-term planning, or estate concerns, consulting an Arkansas family law attorney can help you avoid costly assumptions and protect your future.
