No, Wyoming does not have common law marriage as an option for couples living in the state. Every marriage created in Wyoming requires a license from a county clerk and a formal ceremony with witnesses. Wyoming will, however, recognize a common law marriage that was legally formed in a state that permits one, and that recognition carries the same legal weight as any other marriage.
What Wyoming Requires To Be Legally Married
Wyoming law treats marriage as a civil contract with specific steps that must be completed before it becomes official. The state’s marriage statute sets two non-negotiable requirements: you must obtain a license from a county clerk before any ceremony, and the ceremony itself must take place in front of an authorized officiant and at least two adult witnesses.1Justia Law. Wyoming Code 20-1-101 – Marriage a Civil Contract
No amount of cohabitation, shared finances, or publicly calling each other spouses creates a legal marriage under Wyoming law. Authorized officiants include district and circuit court judges, supreme court justices, magistrates, and licensed or ordained clergy.2Wyoming Legislature. Wyoming Code Title 20 – Domestic Relations Skip the license or the ceremony and the state simply does not consider you married, no matter how long you have been together.
When Wyoming Recognizes a Common Law Marriage From Another State
Wyoming generally honors a common law marriage that was legally formed somewhere that allows one. Courts follow the principle that a marriage valid where it was created remains valid when the couple moves. If you and your partner met every requirement for a common law marriage in a state that permits one, Wyoming will treat your relationship as a legally binding marriage after you relocate.
Recognition is not symbolic. A common law marriage accepted by Wyoming carries the same consequences as a ceremonial one: the same rights to property division in a divorce, the same inheritance protections when a spouse dies, and the same standing to claim spousal benefits through federal programs. The catch is that the burden of proving the marriage was legitimate under the other state’s law falls on you.
States Where a Common Law Marriage Can Still Be Formed
Only a handful of states currently allow new common law marriages. If you are trying to establish that your relationship became a legal marriage before you moved to Wyoming, it had to have met the requirements of one of these jurisdictions:
- Colorado, where both partners must be at least 18 and mutually agree to be married.
- Iowa, recognized through statute and case law with no specific age floor beyond general capacity.
- Kansas, where both partners must be 18 or older.
- Montana, where common law marriage is not explicitly prohibited by the state’s marriage chapter.
- New Hampshire, but only for inheritance purposes after three years of cohabitation and one partner’s death.
- South Carolina, through case law and a statute allowing marriages without a license.
- Texas, requiring an agreement to be married, cohabitation, and public representation as spouses.
- Utah, through a court or administrative order validating the relationship.
The District of Columbia, Rhode Island, and Oklahoma also recognize common law marriages through case law.3National Conference of State Legislatures. Common Law Marriage by State Several states that once allowed common law marriage have abolished it but still recognize unions formed before their cutoff date. Alabama, for example, stopped permitting new common law marriages after January 1, 2017, but marriages formed before that date remain valid.
How To Prove a Common Law Marriage in Wyoming
A common law marriage was not created with a license or certificate, so there is no single piece of paper that settles the question. Courts look at a combination of evidence showing three things: you and your partner agreed to be married, you lived together, and you held yourselves out to the community as a married couple. Those three elements appear in nearly every jurisdiction that permits common law marriage.4Texas State Law Library. Common Law Marriage
“Holding out” is where most of the evidence comes from. Courts look for signs that you consistently represented yourselves as spouses to other people, not just privately. Useful documentation includes:
- Joint federal or state tax returns filed as married.
- Insurance policies naming each other as a spouse rather than a domestic partner.
- Shared bank accounts, mortgages, or loan applications listing both partners.
- Wills, powers of attorney, or beneficiary designations identifying the other person as your spouse.
Courts also weigh testimony from family, friends, and community members who understood you to be married. A couple who filed taxes jointly, shared a mortgage, and introduced each other as spouses for years has a much stronger case than one whose only evidence is a shared lease.
What Recognition Means in Practice
Divorce and Property Division
There is no informal way to end a common law marriage. Once Wyoming recognizes yours as valid, ending it requires the same divorce process as any other marriage. You file a divorce petition, go through property division, and, if you have children, address custody and support. The idea that you can walk away because there was never a ceremony is one of the biggest misconceptions about common law marriage.
Wyoming courts use equitable distribution, meaning the judge aims for a fair split rather than an automatic 50/50 division. The court considers each spouse’s financial contributions, how the property was acquired, what obligations are attached to it, and the financial position each spouse will be left in. Alimony can also be awarded from one spouse’s estate based on the other’s ability to pay.5Justia Law. Wyoming Code Title 20 Chapter 2 – Divorce
Inheritance
If Wyoming recognizes your common law marriage, your surviving spouse rights are identical to those of any other married person. When a married person dies without a will, the surviving spouse inherits the entire estate if there are no children, and half if there are children.6Justia Law. Wyoming Code 2-4-101 – Rule of Descent Generally A surviving spouse can also claim an elective share when a will leaves them less than their fair portion: one-half of the estate if there are no surviving children or if the spouse is also a parent of the deceased’s children, and one-quarter if the surviving children are from a prior relationship.7Justia Law. Wyoming Code 2-5-101 – Elective Share of Property
A partner with no recognized common law marriage has no automatic inheritance rights in Wyoming. Without a will naming you specifically, you could be left with nothing after decades together.
Social Security Benefits
The Social Security Administration makes its own determination about whether a common law marriage is valid, using state law to do so. If your common law marriage was legal under the laws of the state where it was formed, the SSA will recognize it for spousal, survivor, and dependent benefits, even after you move to Wyoming.8Social Security Administration. Development of Common-Law (Non-Ceremonial) Marriages
To verify the marriage, the SSA may request signed statements from both partners, testimony from blood relatives, and documentation of shared finances or joint property. When one spouse has died, the surviving partner typically needs to provide their own statement plus statements from two blood relatives of the deceased.9Social Security Administration. POMS GN 00305.075 – State Laws on Validity of Common-Law Non-Ceremonial Marriages
Options for Unmarried Couples in Wyoming
If you live with a partner in Wyoming and your relationship does not qualify as a recognized common law marriage, you lack the default legal protections that come with marriage. You have no automatic right to your partner’s property, no spousal inheritance rights, and no standing to claim spousal benefits. You do have contract options.
Unmarried partners can create written agreements that spell out how property, debts, and financial responsibilities will be handled during the relationship and after a breakup. Wyoming courts evaluate these contracts under general contract principles: both parties must consent, terms must be clear, and the agreement must be in writing. A vague verbal understanding about who gets the house will not hold up.
Cohabitation agreements can cover ownership of shared assets, responsibility for joint debts, and arrangements for financial support. Wyoming courts will not award palimony or ongoing support to an unmarried partner unless a written contract explicitly provides for it. Without an agreement, each person walks away with only the property titled in their name.