Common law marriage in Pennsylvania is no longer available to new couples: state law bars any common-law marriage contracted after January 1, 2005, though unions validly formed on or before that date remain legally recognized.1Pennsylvania General Assembly. 23 Pa.C.S. § 1103 Pennsylvania will also generally recognize a common law marriage that was validly created in another state that still allows them.
The 2005 Cutoff
Under 23 Pa.C.S. § 1103, no common-law marriage contracted in Pennsylvania after January 1, 2005, is valid. The statute did not, however, invalidate unions that were lawfully established on or before that date, and those couples are still treated as legally married.1Pennsylvania General Assembly. 23 Pa.C.S. § 1103
Living together, sharing finances, or introducing a partner as a spouse does not create a marriage in Pennsylvania today, no matter how many years pass. Couples who want the legal status of marriage now must obtain a license from the Clerk of Orphans’ Court in any Pennsylvania county and have the marriage solemnized under the statute, either by an authorized officiant or through the state’s self-uniting procedure.2York County, Pennsylvania. Marriage Licenses – Section: Where?3Pennsylvania General Assembly. 23 Pa.C.S. § 1503
What Made a Pre-2005 Common Law Marriage Valid
A Pennsylvania common law marriage required an exchange known as verba de praesenti: an agreement, spoken in the present tense, to be spouses from that moment on.4Social Security Administration. POMS: GN 00305.075 – Section: Pennsylvania The intent had to be mutual, permanent, and exclusive of all others.5Social Security Administration. POMS: GN 00305.060 Cohabitation alone, or plans to marry someday, did not qualify.
Both partners also needed the legal capacity to marry when the agreement was made. That meant each was at least 18 years old and free of any prior marriage.6Pennsylvania General Assembly. 23 Pa.C.S. § 1304 If one partner was still married to someone else, the attempted union was void. If that impediment was later removed, the couple still had to exchange a present-tense agreement, and they had to do so on or before January 1, 2005, for the marriage to count.7Social Security Administration. POMS: PR 05405.042 – Section: ANALYSIS B
Proving a Common Law Marriage Today
A party asserting a pre-2005 common law marriage must produce clear and convincing evidence of the present-tense agreement. When one spouse has died or cannot testify, Pennsylvania courts may apply a rebuttable presumption that the marriage existed, but only if the surviving party shows both constant cohabitation and a broad, general reputation in the community that the couple was married.4Social Security Administration. POMS: GN 00305.075 – Section: Pennsylvania
Documents that tend to corroborate the claim include:8Social Security Administration. POMS: PR 05405.042 – Section: BACKGROUND
- Joint bank account statements or other records of shared finances
- Deeds, leases, or mortgage statements naming both parties as spouses
- Insurance policies or beneficiary designations listing the partner as a spouse
- Joint federal and state tax returns filed as married
- Sworn affidavits from family, neighbors, or employers about the couple’s reputation
When the status is disputed, either party can file an action for a declaratory judgment asking a Pennsylvania court to decide whether a valid marriage exists. A decree recognizing the marriage lets the parties pursue the same remedies available to any other married couple, including equitable distribution in a divorce, elective share claims in probate, and eligibility for Social Security survivor benefits, which turn on whether the claimant qualifies as a widow or widower under state law.9Social Security Administration. POMS: PR 05405.042 – Section: ANALYSIS A
Common Law Marriages from Other States
Pennsylvania generally recognizes a common law marriage that was validly contracted in another jurisdiction where the practice is still allowed, such as Texas or Colorado. Recognition follows general principles on the portability of marital status.
It is not automatic, though. If a Pennsylvania court has to sort out the couple’s status, the parties may need to prove that they met the specific requirements of the state where the marriage was formed. Keeping documentation from that state, such as affidavits, tax filings, and joint records, matters after a move to Pennsylvania.
Ending a Common Law Marriage
A valid common law marriage carries the same legal weight as a ceremonial one. It does not end when the couple separates, moves apart, or simply stops referring to each other as spouses. Only death, a divorce decree, or a court-ordered annulment terminates it.
That has real consequences. Two people who consider themselves finished with a common law marriage remain legally married until a court says otherwise, and neither can validly marry someone new in the meantime. A second marriage attempted while the first is still in force can be declared void.