Common-law marriages are still legal in some states but not in Illinois. However, there are ways to secure your rights in Illinois if you are in a common-law marriage. Learn more about this subject below, and if you have questions about common-law marriage in Illinois, our Chicago family law attorneys can assist you.
Common-law marriage means a relationship where the state affirms your marriage when you do not have a marriage license or legal union. If the state recognizes your common-law marriage, you have the same rights as a married couple.
However, Illinois does not allow its residents to enter common-law marriages. So, even if you lived with your partner for years in this state and have their last name, Illinois does not recognize your union unless you were legally married. If you and your partner split up, neither may sue for alimony, for example.
But, the state of Illinois does recognize a common-law marriage that was legally entered into in states that recognize them. The Full Faith and Credit Clause stipulates that all states must recognize a common-law marriage if the union was formed in a state that recognizes them. For instance, if you entered a common-law marriage legally in Texas and want an Illinois divorce, the courts will view the matter the same as if you were legally married.
The following places in the US currently allow common-law marriages:
Why would someone enter a common-law marriage? The union gives you the same marital rights and benefits as traditionally married couples. So in a state that allows and or recognizes a common-law marriage, you have the same benefits as a married couple, but you do not have to go through the regular marriage process.
Some couples want to enter a common-law union because having a traditional wedding is expensive and they may want to avoid dealing with the timelines and expenses.
The Illinois Supreme Court has ruled that unmarried couples do not have the right to one another’s property if they split up. So, it can be beneficial in this state to sign a cohabitation agreement with the help of your attorney. This agreement is similar to a prenuptial agreement and is a written contract between two adults that lets them state how to address assets and finances if the relationship is terminated. However, note that a cohabitation agreement cannot determine child support or parenting time; only an Illinois court can resolve these issues legally.
No. For some reason, many people think a common-law marriage exists if you live together for a certain period, such as seven years. No matter how long you live together in Illinois, common-law marriages are not performed in Illinois. Where common-law marriages are performed, the time you live together usually does not matter. However, if you meet all requirements of a common-law marriage in a state that recognizes them and move to Illinois, the state will recognize it.
Questions about common law marriage frequently arise when couples separate, plan their estates, or dispute financial and parental rights. Many people assume that long-term cohabitation automatically creates marital rights, but Illinois law treats common law marriage very differently from some other states. The following frequently asked questions address how common law marriage works in Illinois and what legal options may exist for unmarried couples.
A common law marriage is a legal marriage formed without a marriage license or formal ceremony. In states that recognize it, couples may be considered legally married if they live together for a certain period of time and present themselves to others as spouses. These marriages carry the same legal rights and obligations as ceremonial marriages once established.
No. Illinois does not recognize common law marriage. Under Illinois law, a valid marriage requires a marriage license and solemnization by an authorized officiant. Simply living together, sharing finances, or referring to one another as husband and wife does not create a legal marriage in Illinois, regardless of how long the relationship lasts.
Illinois abolished common law marriage in 1905, and the law has remained unchanged since then.
Yes. Illinois will recognize a valid common law marriage legally established in another state, provided the couple met that state’s legal requirements at the time the marriage was formed. This principle is known as full faith and credit.
For example, if a couple formed a valid common law marriage in a state that recognizes it—such as Colorado, Iowa, or Texas—and later moved to Illinois, Illinois courts will generally treat them as legally married.
Because common law marriage is not recognized, unmarried couples in Illinois do not have the same legal protections as married spouses. This can affect:
Absent a valid marriage, disputes between unmarried partners are typically resolved using contract law, property law, or equitable claims, rather than divorce statutes.
While cohabitation alone does not create a marriage, long-term partners may still have enforceable rights in limited circumstances. Courts may recognize:
These cases are highly fact-specific and often require careful legal analysis.
No. Since there is no legal marriage, unmarried couples do not file for divorce in Illinois. Instead, legal issues may be addressed through:
Importantly, Illinois courts will not award spousal maintenance to an unmarried partner, regardless of relationship length.
Unmarried couples who wish to protect their financial and property interests should consider proactive legal planning. Common tools include:
These documents can help avoid disputes and provide clarity if the relationship ends or one partner becomes incapacitated.
You should consult a family law attorney if you are separating from a long-term partner, disputing property ownership, or unsure whether a prior out-of-state common law marriage may apply. Legal guidance is especially important when children, shared assets, or significant financial contributions are involved.
Common law marriage does not exist under Illinois law, but misconceptions about it are widespread and often lead to costly legal disputes. Knowing your rights—and limitations—can help you make informed decisions about relationships, property, and family matters.
If you are facing a separation, asset dispute, or legal uncertainty involving an unmarried relationship, speaking with an experienced Illinois family law attorney can help protect your interests and clarify your options.
If you have issues surrounding common-law marriage from another state and need advice in Illinois, you should seek legal advice promptly. Please contact our Chicago family law attorneys at Gordon & Perlut, LLC, at (312) 360-0250.
