No, Nebraska does not recognize common law marriage. Living together, sharing finances, or presenting yourselves as spouses does not create a legal marriage in Nebraska—no matter how long the relationship lasts.
Nebraska’s rule is simple but often misunderstood. People assume time and commitment eventually turn into marital rights. In Nebraska, that assumption can lead to serious legal problems. Here’s a clear, differently styled breakdown of how the state views marriage, cohabitation, and long-term partnerships.
Marriage in Nebraska: A Bright-Line Rule
Nebraska treats marriage as a status you enter deliberately, not something that forms gradually.
To be legally married in Nebraska, a couple must:
- Obtain a valid marriage license
- Meet age and eligibility requirements
- Have the marriage properly solemnized
If those steps are not completed, the couple is not married under Nebraska law. There are no exceptions based on length of cohabitation or how others perceive the relationship.
Nebraska has never allowed common law marriage to form within the state.
How Nebraska Views the Idea of “Common Law Marriage”
Common law marriage is the notion that a relationship can become a marriage through shared life and mutual intent, without formal approval. In states that allow it, courts may later decide a marriage existed based on conduct.
Nebraska rejects that approach outright.
The state’s position is that marriage should never be something people discover only after a breakup, a death, or a lawsuit. Either a marriage license exists—or it doesn’t. Nebraska does not infer marriage from behavior, labels, or assumptions.
Long-Term Partners Are Still Unmarried
Nebraska law draws a clear boundary between:
- Committed relationships, and
- Legal marriages
A couple can:
- Live together for decades
- Own a home together
- Share bank accounts
- Raise children
- Be known socially as spouses
And still have no spousal rights under Nebraska law.
Emotional commitment and legal marriage are treated as two separate things.
What Happens When Unmarried Couples Separate?
Because common law marriage does not exist, separation between unmarried partners is not handled like a divorce.
Property Questions
Nebraska’s marital property rules apply only to married spouses. For unmarried couples:
- Property generally belongs to whoever owns it or paid for it
- Joint property is divided according to ownership interests
- Courts do not presume a 50/50 split
This can be especially harsh when one partner contributed informally or relied on verbal understandings.
No Spousal Support
Alimony is available only after a legal marriage. Unmarried partners generally have no right to spousal support after separation.
Children Are Separate From Marriage
Child custody and child support are decided independently of marriage. Parental rights and responsibilities exist regardless of marital status.
Death and Inheritance: Where Assumptions Break Down
This is where misunderstandings become most costly.
If one partner dies without a will:
- The surviving unmarried partner does not automatically inherit
- Assets pass to legal heirs under Nebraska law
Length of cohabitation does not matter. Without a marriage or proper estate planning, a surviving partner may receive nothing.
What If the Relationship Began Elsewhere?
Nebraska will recognize a common law marriage only if:
- It was validly formed in another state that allows common law marriage, and
- It met that state’s legal requirements at the time
Nebraska itself does not create or expand common law marriages. Simply moving to the state does not change a couple’s legal status.
Common Assumptions That Cause Legal Trouble
Many disputes start with beliefs like:
- “We’ve been together long enough”
- “Everyone knows we’re basically married”
- “Marriage is just paperwork”
In Nebraska, that paperwork is exactly what creates marriage.
Practical Protection for Unmarried Couples
Since common law marriage is not an option, protection requires planning.
Cohabitation Agreements
These can clearly define:
- Who owns what
- How expenses are shared
- What happens if the relationship ends
Nebraska courts often enforce clear, voluntary agreements.
Estate Planning
Unmarried couples should strongly consider:
- Wills
- Beneficiary designations
- Powers of attorney
Without these, a surviving partner may have no legal voice at all.
Why Nebraska Takes This Approach
Nebraska prioritizes certainty over assumption. Clear rules:
- Reduce litigation
- Prevent inheritance disputes
- Keep courts from reconstructing personal relationships
The approach may feel rigid, but it is designed to prevent confusion and conflict later.
Final Takeaway
There is no common law marriage in Nebraska.
Living together, sharing finances, raising children, or presenting yourselves as spouses does not create a legal marriage under Nebraska law. Without a marriage license and proper legal steps, couples remain unmarried—regardless of how long the relationship lasts.
Nebraska may recognize a valid common law marriage formed in another state, but it does not allow new ones to form within its borders.
