Does Illinois Recognize Common-Law Marriage?

 Posted on October 26, 2025 in Cohabitation

You may have heard the term "common-law marriage," but what does it really mean? More importantly, is it legally recognized in Illinois family court? Many couples in long-term relationships believe that living together for several years gives them the same rights as a married couple. That is still possible in some states. However, Illinois is not one of them. If you live with your partner in Illinois without a marriage license, you should speak with a Wheaton, IL cohabitation lawyer to find out what you can do to seek legal protections for your relationship.

What Is a Common-Law Marriage?

A common-law marriage is a relationship in which two people live together and present themselves as a married couple, even though they have not received a marriage license. In states that allow it, couples usually must meet certain conditions. For example, they may need to live together for a specific amount of time, share finances, and tell others they are married. Once those conditions are met, the relationship is treated like a legal marriage.

Illinois used to recognize common-law marriages within the state. Now, under 750 ILCS 5/214, the state officially abolished common-law marriage. This means that even if you have been living together for many years, share bills, and act as spouses, you are not legally married unless you follow the state’s marriage laws and obtain a marriage license.

Does Illinois Recognize Common-Law Marriages From Other States?

Illinois does not allow new common-law marriages to form within the state. However, the law may recognize a valid common-law marriage created in another state. For example, states such as Iowa, Texas, and Colorado still allow common-law marriage.

This recognition comes from the Full Faith and Credit Clause of the U.S. Constitution. It requires states to honor legal relationships created in other states. But to have your marriage recognized in Illinois, you must show that you met all the legal requirements of the state where your relationship began.

If you live with a partner in Illinois, you need to take extra steps to protect your rights. Family courts in Illinois do not divide property or award spousal maintenance for unmarried couples. Instead, the court treats your situation as a private contractual matter, not a marriage.

What Legal Rights Do Unmarried Couples Have in Illinois?

Even though Illinois does not recognize common-law marriage, you can still protect your property and finances. Couples who live together can make cohabitation agreements. You can use one to explain things like who owns what and who pays which bills.

Other ways you can protect your interests include:

• Keeping bank accounts and property titles in your own name

• Preparing a will or estate plan so your partner can inherit property

• Giving each other powers of attorney for healthcare and finances

• Talking to a family law attorney before buying a home together

Schedule a Free Consultation With a DuPage County, IL Family Law Attorney

Whether you and your partner are moving in together, buying a home, or ending a long-term relationship, legal advice can help you make the right decisions. Attorney Andrew Cores, a Fellow of the Collaborative Law Institute of Illinois and former member of its TEC Committee, uses a cooperative approach to help couples resolve family law matters effectively. He and his team can help you navigate ways to protect yourselves outside traditional marriage. Contact Andrew Cores Family Law Group at 630-871-1002 today to schedule a free consultation with our Wheaton, IL cohabitation lawyers.