No, Wyoming does not allow couples to form common law marriages within the state. You cannot become legally married in Wyoming simply by living together, sharing finances, or presenting yourselves as husband and wife—no matter how long the relationship lasts.
This point is often misunderstood online, so it’s important to be very clear, Wyoming does not recognize common law marriage created inside the state. For most couples today, the only way to be legally married in Wyoming is through the formal marriage process.
How Marriage Is Defined in Wyoming
Wyoming treats marriage as a formal legal status, not something that develops over time.
To be legally married in Wyoming, a couple must:
- Obtain a valid marriage license from the county clerk
- Meet eligibility requirements under state law
- Have the marriage solemnized by an authorized officiant
If these steps are not followed, the relationship is legally considered unmarried, regardless of commitment, cohabitation, or public reputation.
Wyoming law does not provide any alternative path to marriage based on conduct alone.
Why Wyoming Does Not Allow Common Law Marriage
Common law marriage is based on the idea that a couple’s intent, cohabitation, and public behavior can substitute for a marriage license and ceremony. While a small number of states still accept this idea, Wyoming does not.
Wyoming’s legal system favors certainty and documentation. Marriage carries serious legal consequences involving property rights, inheritance, debt, and support obligations. The state requires a clear legal starting point so courts are not forced to reconstruct personal relationships years later based on testimony or assumptions.
In Wyoming, marriage is a legal act—not a lifestyle description.
The Important Exception: Out-of-State Common Law Marriages
Although Wyoming does not allow couples to create common law marriages within the state, it will recognize a common law marriage that was validly formed in another state where such marriages are legal.
This recognition is based on constitutional principles that require states to respect marriages that were legally valid where they began.
For example:
- If a couple legally formed a common law marriage in a state like Colorado, Texas, or Iowa
- And later moved to Wyoming
Wyoming will generally treat that couple as legally married, even though it would not have allowed the marriage to form locally.
The key requirement is that the marriage must have fully met the legal standards of the original state at the time it was established.
Long-Term Cohabitation Does Not Create Marriage Rights
Wyoming law draws a strict line between:
- Committed relationships, and
- Legal marriages
A couple may:
- Live together for decades
- Own property jointly
- Share bank accounts
- Raise children together
- Be socially viewed as spouses
And still have no spousal rights under Wyoming law unless they formally married or qualify under a recognized out-of-state common law marriage.
Commitment alone does not create marital status.
What Happens When Unmarried Couples Separate?
Because common law marriage does not exist in Wyoming, separation between unmarried partners is not treated as a divorce.
Property
- Property belongs to whoever owns it or paid for it
- Joint property is divided based on ownership interests
- Courts do not apply marital property rules
Spousal Support
- Alimony is available only to legally married spouses
- Unmarried partners generally have no right to spousal support
Children
- Child custody and child support are handled separately
- Parental obligations exist regardless of marital status
Death and Inheritance Risks
This is where misunderstandings cause the most serious harm.
If one partner dies without a will:
- The surviving unmarried partner does not automatically inherit
- Assets pass to legal heirs under Wyoming law
Even decades-long relationships provide no inheritance protection without marriage or proper estate planning. Only a legally recognized marriage—formal or validly formed elsewhere—creates spousal inheritance rights.
Common Misunderstandings in Wyoming
Many legal disputes arise from assumptions such as:
- “We’ve lived together long enough to be married”
- “Everyone thinks we’re married”
- “Marriage is just paperwork”
In Wyoming, that paperwork is exactly what creates marriage.
Legal Planning for Unmarried Couples in Wyoming
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
Estate Planning
Unmarried couples should strongly consider:
- Wills
- Beneficiary designations
- Powers of attorney
- Health care directives
Without these documents, a surviving partner may have no legal authority or protection.
Final Takeaway
Wyoming does not recognize common law marriages formed within the state. Living together—no matter how long or committed the relationship may be—does not create a legal marriage under Wyoming law.
Wyoming will honor a common law marriage that was validly formed in another state, but for couples living in Wyoming today, a formal marriage license and solemnization is the only way to be legally married.
