Common Law Marriage in Missouri
Finder Law Serves Clients Across Jefferson City, Columbia, and Central Missouri
Is Common Law Marriage Recognized in Missouri? Here’s What You Need to Know
In the realm of relationships and family law, few topics are as misunderstood as
common law marriage. Whether you're cohabiting with a long-term partner or simply curious about how the law treats non-traditional unions, understanding Missouri’s stance on common law marriage is essential.
What Is Common Law Marriage?
A common law marriage is a legal framework in which a couple is considered married without having formally registered their union through a marriage license or ceremony. States that recognize common law marriage typically require that the couple:
- Lives together for a significant period of time,
- Intends to be married, and
- Holds themselves out to the public as a married couple.
However, this informal pathway to legal marriage is not recognized in every state—and Missouri is one of them.
Missouri Does
Not
Recognize Common Law Marriage
As of 2025,
Missouri does not allow couples to establish a common law marriage within the state. No matter how long a couple has lived together, or whether they refer to each other as husband and wife, they are not legally married in the eyes of Missouri law unless they go through the formal marriage process.
This means that without a legal marriage:
- Partners do not have spousal rights, such as inheritance or medical decision-making.
- Division of assets and debts upon separation will not follow the same rules as divorce.
- Partners may face complications regarding health insurance, taxes, and estate planning.
The Exception: Recognizing Common Law Marriages from Other States
Here’s where it gets interesting: while Missouri doesn’t allow couples to create a common law marriage within the state, it does recognize valid common law marriages that were established in states where such unions are legal.
For example, if a couple met all the requirements for a common law marriage in Colorado (a state that still recognizes common law marriage), and then moved to Missouri, the Missouri courts would likely honor that marriage under the
Full Faith and Credit Clause
of the U.S. Constitution.
What If You're Not Legally Married But Live Like a Married Couple?
Couples in long-term, committed relationships often share property, raise children, and build lives together. But in the absence of a legal marriage, they are legally considered unmarried cohabitants. In Missouri, this distinction can have serious implications.
If you're in this situation, consider the following legal tools:
- Cohabitation Agreements: A written agreement outlining how finances, property, and other responsibilities will be handled.
- Estate Planning Documents: Wills, trusts, and powers of attorney to ensure your partner has legal rights if something happens to you.
- Parental Rights Agreements: If children are involved, legal documents may be necessary to protect parental rights and responsibilities.
Key Takeaway
If you're in a long-term relationship in Missouri and assume you have the same rights as a married couple, think again. Missouri does not recognize common law marriage formed within the state, and that can have significant legal consequences.
However, if your common law marriage was validly established in another state, it may still be recognized in Missouri. When in doubt, it’s best to consult a family law attorney to clarify your rights and obligations—and to protect your relationship with proper legal planning.
Need Help Understanding Your Relationship Rights in Missouri?
Whether you're considering formalizing your union, creating a cohabitation agreement, or navigating a legal dispute, our team at Finder Law, LLC is here to help. With over 10 years of experience in all types of family law matters, we can help you achieve your goals.
