Yes, you can get alimony in a common law marriage, as long as you can prove the marriage was legally valid. Once a court confirms the marriage existed, your right to spousal support is identical to that of any couple who married with a license and ceremony. The hard part is almost never the alimony analysis itself. It’s establishing that a marriage existed in the first place, and then going through a formal divorce to end it.
Does Your Relationship Qualify as a Marriage
Only about ten states and the District of Columbia currently allow new common law marriages to form.1National Conference of State Legislatures. Common Law Marriage by State Requirements vary, but states that permit it generally look for three things: both partners agree they are married, they live together, and they present themselves publicly as a married couple. Some states add further requirements, like a minimum age of 18.
Several other states abolished common law marriage but still honor unions that formed before a specific cutoff date. Cutoff dates range from the late 1950s to 2017 depending on the state, so whether yours qualifies depends entirely on when the relationship began.1National Conference of State Legislatures. Common Law Marriage by State
What if you formed the marriage in one state and later moved somewhere that doesn’t allow them? The marriage still counts. Under the Full Faith and Credit Clause, every state must honor a common law marriage that was legally created in another state. Your right to seek alimony travels with you, regardless of where you file.
Proving the Marriage Existed
Without a marriage certificate, the spouse seeking alimony carries the burden of proving the marriage was real. This is where most claims win or lose, and gathering evidence early makes a significant difference.
The Social Security Administration’s standard is a useful mirror of what family courts look at. Its preferred evidence is signed statements from both spouses plus statements from two blood relatives who can explain why they believe the couple was married. When a relative’s statement isn’t available, a statement from someone else who knows the couple can substitute.2Social Security Administration. 20 CFR 404-0726 – Evidence of Common-Law Marriage
Beyond sworn statements, documentary evidence showing you lived as a married couple carries real weight. The strongest categories:
- Tax returns filed jointly as a married couple
- Joint bank accounts, co-signed loans, and jointly held credit cards
- Property deeds or vehicle titles listing both partners
- Insurance policies or employer records naming a partner as a spouse or beneficiary
- Birth certificates listing both individuals as parents
- Testimony from friends, neighbors, and coworkers who understood you to be married
No single piece usually carries the day. Courts look at the full picture, and the more categories you cover, the stronger the case. The SSA takes a similarly pragmatic view, noting it will accept “other convincing evidence” of the marriage when preferred evidence isn’t available.2Social Security Administration. 20 CFR 404-0726 – Evidence of Common-Law Marriage
You Still Have to Get Divorced
One of the most common misconceptions about common law marriage is that you can end it by moving out. You can’t. A valid common law marriage creates the same legal bond as a ceremonial one, and it can only be terminated through death, divorce, or annulment.3Social Security Administration. GN 00305.060 – Common-Law Marriage — General A court cannot order alimony without a formal divorce proceeding, so filing a petition for dissolution is the only path to spousal support.
If your spouse contests whether a common law marriage ever existed, expect the case to be more expensive and time-consuming than an average divorce. The dispute over the marriage itself often becomes a separate mini-trial before any discussion of property or support begins.
Walking away without a divorce also creates ongoing exposure. You remain legally married, which affects your ability to remarry, file taxes, and claim benefits. In some states, creditors may be able to pursue you for debts your former partner takes on.
How Alimony Gets Decided
Once the court confirms a valid common law marriage, the alimony analysis is identical to any other divorce. Judges weigh the same set of factors:
- Length of the relationship. Longer marriages are more likely to produce alimony, and the awards tend to be larger and longer-lasting.
- Financial need and the other spouse’s ability to pay.
- Earning capacity. A spouse who left the workforce to raise children or support a partner’s career has a stronger claim than one with a comparable income.
- Non-financial contributions, including homemaking, childcare, and supporting a partner’s education or business.
- Age and health. Older spouses or those with health limitations are more likely to receive longer-term support.
- Misconduct. In some states, domestic violence or infidelity can influence the court’s decision.
Types of Alimony Courts Award
What a court awards depends on the circumstances:
- Temporary support covers living expenses while the divorce is pending and ends at finalization.
- Rehabilitative support, the most common form, funds the time a spouse needs to gain education, training, or work experience to become self-sufficient.
- Long-term support, sometimes called permanent alimony, is awarded after long marriages when a dependent spouse is unlikely to become fully self-supporting. It ends upon death or remarriage of the recipient.
- Reimbursement support compensates a spouse who made significant contributions to the other’s career or education, such as working to put a partner through medical school.
- Lump-sum support is a one-time payment in cash or property instead of ongoing monthly payments.
The Duration Problem Unique to Common Law Couples
Proving how long the marriage lasted can be harder than proving it existed. A ceremonial marriage has a start date on the license. A common law marriage forms gradually, and partners often disagree about when the relationship crossed from cohabitation into marriage. Since duration is one of the biggest factors in alimony awards, that ambiguity can directly reduce what you receive. Document the earliest point at which you and your partner held yourselves out as married, and keep any evidence from that period.
Taxes on Alimony
Federal tax law treats alimony the same whether the underlying marriage was ceremonial or common law. For any divorce or separation agreement finalized after 2018, the paying spouse cannot deduct the payments on a federal return, and the receiving spouse does not report them as income.4Internal Revenue Service. Topic No. 452, Alimony and Separate Maintenance The Tax Cuts and Jobs Act also lets older agreements opt into this treatment when they’re modified, if the modification says so specifically.5Internal Revenue Service. Publication 504 (2025), Divorced or Separated Individuals
Virtually every common law divorce finalized today falls under the newer rule, so plan on the alimony being tax-neutral federally. State tax rules may differ, so check how your state handles it.
If Your State Doesn’t Recognize Common Law Marriage
If you live in a state that doesn’t allow common law marriage and your relationship never met another state’s requirements, traditional alimony isn’t available. Courts can only award spousal support when there’s a legally recognized marriage to dissolve. A few other routes exist for addressing financial imbalances after a long relationship ends.
“Palimony” is the informal term for financial support one partner seeks from another after a non-marital relationship. These claims sit in contract law rather than family law. To succeed, you generally need to show an agreement to share finances or provide support, either written or implied through conduct. Some states require the agreement to be in writing, and not all states recognize these claims at all.
Even without a contract, courts sometimes step in to prevent obvious unfairness. If you contributed money or labor toward property held entirely in your partner’s name, you may be able to pursue a claim for unjust enrichment or ask the court to impose a constructive trust. These remedies are harder to win than alimony and require clear evidence that one partner enriched themselves at the other’s expense.
For unmarried couples who want to protect themselves going forward, a cohabitation agreement is the most reliable tool. These written contracts spell out how finances, property, and any support obligations will be handled if the relationship ends. Putting one in place while the relationship is healthy is far cheaper than litigating after a breakup.