No, Ohio does not allow new common law marriages to be formed within the state. Ohio officially abolished common law marriage on October 10, 1991, meaning any relationship that began after that date cannot qualify as a common law marriage under Ohio law.
However, Ohio does recognize common law marriages that were validly established before October 10, 1991, as well as those legally formed in another state that still permits common law marriage. Under the Full Faith and Credit Clause of the U.S. Constitution, Ohio will generally honor those marriages, even though it no longer allows couples to create new ones within its own borders.
How Marriage Is Defined in Ohio
In Ohio, marriage is a legal status created by statute, not by habit or assumption. To be legally married today, a couple must:
- Obtain a valid marriage license
- Meet Ohio’s eligibility requirements
- Have the marriage solemnized by an authorized officiant
If these steps are not completed, the relationship is legally considered unmarried, regardless of how long the couple has lived together or how they present themselves socially.
Ohio ended common law marriage to ensure clarity and reduce disputes over marital status.
Ohio’s History With Common Law Marriage
Before October 10, 1991, Ohio allowed couples to enter into common law marriages if certain conditions were met. These older marriages remain legally valid.
To qualify as a valid pre-1991 Ohio common law marriage, a couple generally had to show:
- A mutual agreement to be married
- Cohabitation as spouses
- Holding themselves out publicly as married
Claims involving these marriages are rare today and usually arise in inheritance or estate disputes, where one party must prove the marriage existed decades ago.
How Ohio Views Common Law Marriage Today
Common law marriage is based on the idea that marriage can arise from intent and conduct, without a license or ceremony. Some states still accept this concept.
Ohio does not.
The state’s position is that marriage should never be something courts have to reconstruct after the fact. Either the legal requirements were met, or they were not. Ohio law does not infer marriage from long-term cohabitation, shared finances, or social labels.
Long-Term Relationships Are Not Marriages in Ohio
Ohio law draws a strict distinction between:
- Committed relationships, and
- Legal marriages
A couple may:
- Live together for decades
- Own a home together
- Share bank accounts
- Raise children
- Be known socially as husband and wife
And still have no spousal rights under Ohio law if they never legally married.
Emotional commitment does not substitute for legal marriage.
What Happens When Unmarried Couples Separate?
Because common law marriage is no longer recognized for new relationships, separation between unmarried partners is not a divorce.
Property Division
Ohio’s marital property laws apply only to legally married spouses. For unmarried couples:
- Property belongs to whoever owns it or paid for it
- Jointly owned property is divided based on ownership interests
- Courts do not assume an equal split
This can be especially harsh when one partner contributed informally or relied on verbal understandings.
No Spousal Support
Spousal support (alimony) is available only after a legal marriage. Unmarried partners generally have no right to financial support after separation.
Children Are Treated Separately
Child custody and child support are decided independently of marital status. Parental obligations exist regardless of whether the parents were married.
Inheritance and the Death of a Partner
This is where misunderstandings cause the most serious consequences.
If one partner dies without a will:
- The surviving unmarried partner does not automatically inherit
- Assets pass to legal heirs under Ohio intestacy law
Unless a valid pre-1991 Ohio common law marriage or a recognized out-of-state common law marriage can be proven, long-term partners may receive nothing.
Recognition of Out-of-State Common Law Marriages
Ohio will recognize a common law marriage if:
- It was validly formed in another state that allows common law marriage, and
- It met that state’s legal requirements at the time
For example, a couple legally married under common law in Montana or Kansas may still be treated as married after moving to Ohio.
Ohio itself does not create or extend common law marriages.
Common Misunderstandings in Ohio
Many legal disputes start with assumptions like:
- “We’ve lived together long enough”
- “Everyone thinks we’re married”
- “Marriage is just paperwork”
In Ohio, that paperwork is exactly what creates marriage.
Legal Protection for Unmarried Couples in Ohio
Since common law marriage is not an option for new relationships, planning is essential.
Cohabitation Agreements
These can clarify:
- Property ownership
- Financial responsibilities
- What happens if the relationship ends
Ohio courts often enforce clear, voluntary agreements.
Estate Planning
Unmarried couples should strongly consider:
- Wills
- Beneficiary designations
- Powers of attorney and health care directives
Without these, a surviving partner may have no legal authority or inheritance rights.
Why Ohio Took This Approach
Ohio abolished common law marriage to promote certainty and fairness. Clear rules:
- Reduce litigation
- Prevent inheritance disputes
- Avoid forcing courts to interpret personal relationships
The law favors clarity over assumption.
Final Takeaway
There is no common law marriage in Ohio for relationships formed after October 10, 1991.
Living together, sharing finances, raising children, or presenting yourselves as spouses does not create a legal marriage under Ohio law. Ohio may recognize valid common law marriages formed before the cutoff date or in other states, but it does not allow new ones to form within its borders.
