No, Georgia does not recognize common law marriage for relationships formed today. Couples cannot become legally married in Georgia simply by living together, no matter how long the relationship lasts or how much it looks like a traditional marriage.
However, Georgia has an important historical cutoff that still matters in some cases. Understanding that distinction is critical, especially when legal issues like inheritance, separation, or benefits come into play.
How Marriage Is Defined in Georgia
Georgia follows a formal, statute-based system for marriage. To be legally married in the state, a couple must:
- Obtain a valid marriage license
- Meet eligibility requirements under Georgia law
- Have the marriage properly solemnized
If these steps are not completed, the relationship is not a legal marriage, regardless of how committed or long-standing it may be.
Georgia ended the creation of new common law marriages to ensure clarity and reduce disputes over marital status.
Georgia’s History With Common Law Marriage
Georgia used to recognize common law marriage, but that changed decades ago.
- Common law marriages formed before January 1, 1997 are still legally valid
- Common law marriages cannot be created on or after that date
This means that only relationships that met all legal requirements before 1997 can still be treated as common law marriages in Georgia today. Any relationship formed after that cutoff cannot qualify.
Understanding Common Law Marriage (Georgia-Specific View)
Common law marriage is based on the idea that marriage can arise from mutual agreement and shared life, rather than from a license or ceremony. In states that allow it, courts look at intent, conduct, and how a couple held themselves out to others.
Georgia rejected this approach moving forward. The state chose to treat marriage as a clearly defined legal status, not something inferred from lifestyle or assumption. In Georgia’s view, marriage should begin with a clear legal act, not be discovered later during a dispute.
Why Georgia Abolished Common Law Marriage
Georgia lawmakers eliminated new common law marriages to avoid:
- Disputes over whether a marriage ever existed
- Conflicts involving property and debt
- Unclear claims for spousal support
- Complicated inheritance and probate cases
Without formal documentation, courts were often forced to reconstruct relationships years after they began or ended. Georgia decided that certainty was better for everyone involved.
Common Myths About Marriage in Georgia
Many people still rely on outdated beliefs that no longer apply.
1. Living together for many years
Does not create a marriage
2. Calling each other husband or wife
Social labels have no legal effect
3. Sharing finances or property
Financial integration does not equal marriage
4. Raising children together
Parenthood does not convert a relationship into a marriage
Even if friends, family, or the community believe a couple is married, Georgia law will not—unless the legal requirements were met.
What Happens When Unmarried Couples Separate?
Because Georgia does not recognize new common law marriages, separation between unmarried partners is not a divorce.
Property Division
Georgia’s marital property rules apply only to legally married couples. For unmarried partners:
- Property belongs to whoever owns it or paid for it
- Jointly owned property is divided according to ownership interests
- There is no automatic equal split
No Right to Alimony
Spousal support is available only after a legal marriage. Unmarried partners generally cannot claim alimony after separation.
Children and Parental Rights
Child custody and child support are handled separately from marriage law. Parental rights and obligations exist regardless of marital status.
Inheritance and the Death of a Partner
This is where misunderstandings can be most damaging.
If one partner dies without a will:
- The surviving unmarried partner does not automatically inherit
- Assets pass to legal heirs such as children or blood relatives
Long-term cohabitation alone provides no inheritance protection in Georgia.
Recognition of Out-of-State Common Law Marriages
Georgia will recognize a common law marriage if it was validly formed in another state that allows such marriages.
Important limits:
- The marriage must meet the legal requirements of the state where it was created
- Simply moving to Georgia does not create or revive a common law marriage
This commonly affects couples who relocate from states like Colorado or Texas.
Legal Alternatives for Unmarried Couples in Georgia
Since common law marriage is no longer an option, couples must plan intentionally if they want legal protection.
Cohabitation Agreements
These agreements can define:
- Property ownership
- Financial responsibilities
- What happens if the relationship ends
Courts generally enforce clear and 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.
Why This Still Matters Today
Many legal disputes arise because couples assume Georgia law recognizes long-term relationships as marriages. It does not.
That assumption can lead to:
- Loss of property
- No inheritance rights
- No financial protection after separation
The law does not evaluate emotional commitment—it enforces legal status.
Final Takeaway
There is no common law marriage in Georgia for relationships formed on or after January 1, 1997.
Living together, sharing finances, raising children, or presenting yourselves as spouses does not create a legal marriage under Georgia law. Only relationships that met the requirements before the 1997 cutoff, or valid common law marriages formed in other states, are recognized.
