No, Vermont does not allow couples to form new common law marriages within the state. Living together, sharing finances, or presenting yourselves as married does not create a legal marriage in Vermont—no matter how long the relationship lasts.
That said, Vermont will recognize a common law marriage that was validly established in another state where such marriages are legal. This distinction is important for couples who move to Vermont after living together elsewhere.
How Marriage Is Defined in Vermont
Vermont treats marriage as a formal legal status, not something that develops over time.
To be legally married in Vermont, a couple must:
- Obtain a marriage license from the town clerk
- Meet eligibility requirements under Vermont law
- Have the marriage solemnized by an authorized officiant
If these steps are not followed, the couple is legally considered unmarried, regardless of commitment, cohabitation, or public perception.
Vermont has never recognized common law marriage formed within its borders.
Why Common Law Marriage Does Not Exist in Vermont
Common law marriage is based on the idea that a couple’s intent, cohabitation, and public behavior can create a marriage without formal state approval. While some states historically accepted this approach, Vermont chose not to.
The state’s legal philosophy is that marriage should begin with a clear, verifiable act, not assumptions drawn from lifestyle or longevity. Requiring a license and ceremony avoids disputes over when—or whether—a marriage ever existed.
Long-Term Relationships Are Not Legal Marriages
Vermont law draws a clear line between:
- Committed relationships, and
- Legal marriages
A couple may:
- Live together for decades
- Own property jointly
- Share finances
- Raise children
- Be socially viewed as spouses
And still have no spousal rights under Vermont law unless they legally married.
Commitment alone does not create marital status.
What Happens When Unmarried Couples Separate?
Because common law marriage does not exist in Vermont, separation between unmarried partners is not treated as a divorce.
Property Issues
Vermont’s marital property rules apply only to married spouses. For unmarried couples:
- Property belongs to whoever owns it or paid for it
- Joint property is divided according to 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 handled independently of marriage. Parental responsibilities exist regardless of marital status.
Death and Inheritance: Where Assumptions Become Risky
If one partner dies without a will:
- The surviving unmarried partner does not automatically inherit
- Assets pass to legal heirs under Vermont intestacy law
Length of cohabitation does not matter. Without marriage or proper estate planning, a surviving partner may receive nothing.
Recognition of Out-of-State Common Law Marriages
Vermont 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 Colorado or Iowa may still be treated as married after moving to Vermont.
Vermont itself does not create, revive, or expand common law marriages.
Common Misunderstandings in Vermont
Many legal disputes begin with assumptions like:
- “We’ve lived together long enough”
- “Everyone thinks we’re married”
- “Marriage is just paperwork”
In Vermont, that paperwork is exactly what creates marriage.
Legal Planning for Unmarried Couples in Vermont
Since common law marriage is not an option, planning becomes essential.
Cohabitation Agreements
These can define:
- Property ownership
- Financial responsibilities
- What happens if the relationship ends
Vermont 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 documents, a surviving partner may have no legal authority or inheritance rights.
Why Vermont Takes This Approach
Vermont prioritizes clarity and predictability in family law. Formal marriage requirements:
- Reduce litigation
- Prevent inheritance disputes
- Avoid forcing courts to reconstruct personal relationships
The system favors certainty over assumption.
Final Takeaway
Vermont does not permit common law marriages to begin within the state. Marriage exists only when the legal requirements—license and solemnization—are intentionally followed.
While Vermont will honor a valid common law marriage created in another state, couples who live together in Vermont without marrying remain legally unmarried. For those in long-term relationships, protection does not come from time or commitment—it comes from deliberate legal planning.
