No, Pennsylvania does not allow new common law marriages to be formed within the state. Pennsylvania officially abolished common law marriage on January 1, 2005, meaning any relationship that began on or after that date cannot qualify as a common law marriage under Pennsylvania law.
However, Pennsylvania does recognize common law marriages that were validly established before January 1, 2005, as well as common law marriages that were legally formed in another state that still permits them. Under the Full Faith and Credit Clause of the U.S. Constitution, Pennsylvania will generally honor those marriages, even though it no longer allows couples to create new ones within its borders.
How Marriage Is Defined in Pennsylvania
In Pennsylvania, marriage is a legal status created by statute, not by conduct or assumption.
To be legally married today, a couple must:
- Obtain a valid marriage license
- Meet eligibility requirements under Pennsylvania law
- Have the marriage solemnized by an authorized officiant
Without these steps, the relationship is legally considered unmarried, regardless of how long the couple has lived together or how they describe their relationship publicly.
Pennsylvania’s History With Common Law Marriage
Before January 1, 2005, Pennsylvania allowed couples to enter into common law marriages—but under very strict standards.
To establish a valid pre-2005 Pennsylvania common law marriage, courts required clear proof of:
- A present intent and agreement to be married
- Evidence that the couple held themselves out as husband and wife
Pennsylvania courts applied a high burden of proof, and even before abolition, many claims failed due to lack of convincing evidence. Today, these cases typically arise only in estate, probate, or survivor benefit disputes.
How Pennsylvania Views Common Law Marriage Today
Common law marriage is based on the idea that marriage can arise from intent and behavior, without a license or ceremony. Some states still accept this concept.
Pennsylvania does not.
The state’s position is that marriage should not depend on memory, testimony, or interpretation after the fact. Instead, it requires a clear legal act that marks when marital rights and obligations begin. Long-term cohabitation, shared finances, or social recognition alone are not enough.
Long-Term Relationships Are Not Marriages in Pennsylvania
Pennsylvania law draws a clear distinction between:
- Committed relationships, and
- Legal marriages
A couple may:
- Live together for decades
- Own property jointly
- Share finances
- Raise children
- Be known socially as spouses
And still have no marital rights under Pennsylvania law if they never legally married.
Commitment does not substitute for legal status.
What Happens When Unmarried Couples Separate?
Because common law marriage is no longer available for new relationships, separation between unmarried partners is not a divorce.
Property Division
Pennsylvania’s marital property laws apply only to legally married spouses. For unmarried couples:
- Property belongs to whoever owns it or paid for it
- Joint property is divided based on ownership interests
- Courts do not assume an equal or fair split
No Spousal Support
Alimony is available only after a legal marriage. Unmarried partners generally have no right to spousal support after separation.
Children Are Treated Separately
Child custody and child support are determined independently of marital status. Parental obligations exist whether or not the parents were married.
Inheritance and the Death of a Partner
This is where incorrect assumptions can have serious consequences.
If one partner dies without a will:
- The surviving unmarried partner does not automatically inherit
- Assets pass to legal heirs under Pennsylvania intestacy law
Unless a valid pre-2005 Pennsylvania 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
Pennsylvania 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 Oklahoma may still be treated as married after moving to Pennsylvania.
Pennsylvania itself does not create or extend common law marriages.
Common Misunderstandings in Pennsylvania
Many legal disputes begin with assumptions like:
- “We’ve lived together long enough”
- “Everyone thinks we’re married”
- “Marriage is just paperwork”
In Pennsylvania, that paperwork is what defines marriage.
Legal Planning for Unmarried Couples in Pennsylvania
Since common law marriage is not an option for new relationships, proactive planning matters.
Cohabitation Agreements
These agreements can clearly define:
- Property ownership
- Financial responsibilities
- What happens if the relationship ends
Pennsylvania 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 protection or authority.
Why Pennsylvania Ended Common Law Marriage
Pennsylvania abolished common law marriage to promote clarity, fairness, and predictability. Clear marriage rules:
- Reduce litigation
- Prevent inheritance disputes
- Avoid forcing courts to reconstruct personal relationships
The law favors certainty over assumption.
Final Takeaway
Pennsylvania does not permit common law marriages to begin today, regardless of how long or committed a relationship may be. Only marriages formed before January 1, 2005, or valid common law marriages created in other states, are recognized.
