If you’re living with your partner in Alabama and haven't officially walked down the aisle, you’ve probably wondered where you stand legally. There’s a lot of old-school chatter about "seven-year rules" or just "acting married" being enough to get the state's stamp of approval. Honestly, most of that is just noise. The legal reality of is common law marriage legal in Alabama changed in a huge way a few years ago, and if you aren't careful, you could end up with zero legal protections despite decades of commitment.
The Short Answer: It’s Complicated
Here is the deal. Alabama officially abolished new common law marriages on January 1, 2017.
Before that date, Alabama was one of those states where you could essentially become husband and wife without a license or a preacher. You just had to intend to be married and tell the world about it. But the state legislature decided that was getting way too messy for the courts to handle.
So, if you started living together and calling yourselves married in 2018, 2023, or right now in 2026? You are not married. Period. It doesn't matter if you have kids, a mortgage, or if the neighbors think you're the Wilson family. Without a formal certificate, the law sees you as roommates with benefits.
The "Grandfather" Clause
Wait, don't panic yet. If you established your common law marriage before January 1, 2017, the state still recognizes it. Alabama Code Section 30-1-20 basically says that if your marriage was validly entered into before that cutoff date, it stays valid.
You’ve still got the same rights as any other married couple. You can inherit property, get social security benefits, and—this is the heavy part—you have to get a "real" divorce if you want to split up. You can't just move out.
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How Do You Prove a Common Law Marriage?
Proving a relationship that started a decade ago is harder than it sounds. Courts don't just take your word for it, especially if one partner is suddenly denying it to avoid paying alimony or to keep an inheritance.
Alabama courts, like in the case of Boswell v. Boswell, have historically looked for three specific things. These aren't just suggestions; they are requirements.
- Capacity: You both had to be of sound mind and not already married to someone else.
- Mutual Agreement: You both had to agree, right then and there, that you were married. Not "we’re going to get married one day," but "we are married now."
- Public Recognition: This is the big one. Did you "hold yourselves out" as married?
Basically, you have to show the world treated you as a unit. Filing joint taxes is a massive piece of evidence. So is listing each other as "spouse" on insurance forms or bank accounts. If you were just "dating" on Facebook but "married" for the tax breaks, a judge is going to have some questions.
Evidence that Actually Works
- Joint Bank Accounts: Sharing the money is a classic sign of marriage.
- Last Names: If the wife took the husband’s name without a ceremony, that’s strong proof.
- Property Deeds: Buying a house together as "husband and wife" is a gold mine for lawyers.
- Witnesses: Your mom, your pastor, or your boss testifying that they always knew you as a married couple.
Why Alabama Finally Called it Quits
Why did the state change the law? It was a headache.
Judge Terri Willingham Thomas of the Alabama Court of Civil Appeals once wrote a pretty famous dissent where she basically begged the legislature to end common law marriage. She argued it was taxing the court system. Judges were tired of trying to guess if a couple meant to be married or if they were just playing house. It led to "fraudulent claims" where people would wait until a partner died, then suddenly claim they were common law spouses just to get the estate.
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By requiring a marriage certificate, the state made it black and white. You’re either in or you’re out.
The 2019 Marriage Certificate Shakeup
To make things even more interesting, Alabama changed how you get married in 2019. They got rid of marriage licenses entirely. Now, to be legally married in Alabama, you don't go to a judge or get a license before the wedding.
Instead, you download a form called the Alabama Marriage Certificate, fill it out, get it notarized, and mail it to the Probate Court within 30 days. That’s it. No ceremony required.
This is sort of the modern version of common law marriage—it's easy, it's fast, and it’s legally airtight. If you are currently in a long-term relationship and want the protections of marriage without the big white wedding, this is the way to do it.
Common Myths That Just Won't Die
I hear these all the time. People think if they’ve lived together for seven years, they are automatically common law married.
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False. Time has nothing to do with it. You could live together for 50 years and not be common law married if you never intended to be. Conversely, under the old law, you could have been common law married after one weekend if you agreed to it and started telling people.
Another one: "There is such a thing as a common law divorce."
Nope. If the state recognizes your common law marriage, you are legally married for life until a court says otherwise. You have to go through the exact same divorce process as anyone else. If you just walk away and "marry" someone else later, you’re technically committing bigamy. That is a felony.
What You Should Do Right Now
If you think you might be in a common law marriage that started before 2017, you need to gather your paperwork. Find those old tax returns. Look for health insurance policies where you listed your partner as a spouse. If one of you gets sick or passes away, having this proof ready is the difference between getting the house or being evicted by your partner's distant relatives.
For those of you who started your journey after 2017? You’ve got no common law protections.
If you want the legal perks of marriage—like inheriting property without a will or making medical decisions for each other—you should probably just file the new Alabama Marriage Certificate form. It costs a small filing fee and a trip to a notary. It’s a lot cheaper than a lawyer later.
Actionable Steps for Alabama Couples:
- Check Your Start Date: If your relationship began and you "held yourselves out" as married before January 1, 2017, you are likely grandfathered in.
- Gather Paperwork: Document your "public recognition." Save copies of joint leases, tax filings from before 2017, and any affidavits you signed.
- Use the 2019 System: If you aren't officially married but want to be, download the Alabama Marriage Certificate form. Fill it out, get it notarized, and file it with your local probate judge.
- Draft a Will: If you choose not to marry, ensure you have a "Power of Attorney" and a "Living Will" in place. Since the law won't automatically protect you as a spouse, you have to create your own legal safety net.
The days of "accidental marriage" in Alabama are over. If you want the law on your side in 2026, you have to be intentional about it.