Does Illinois Recognize Common-Law Marriages for Same-Sex Couples?

 Posted on February 04, 2026 in Family Law

If you have been in a same-sex relationship for a long time, you may want to know if Illinois law considers you legally married. Marriage affects property rights, inheritance, healthcare decisions, and taxes. Even people who don’t care about an official piece of paper may want the benefits of being legally married.

Under 750 ILCS 5/214, Illinois does not create common-law marriages for couples of any orientation. Even if you and your partner live together in Illinois for many years, own property together, share finances, and introduce each other as spouses, Illinois law still will not consider you married.  However, Illinois does recognize common-law marriages for couples who create them in another state before moving to Illinois.

If you have questions about your marriage status or want to protect your rights as an unmarried same-sex couple in 2026, a Wheaton, IL family law attorney can help you. Call us today for a free consultation.

What Is a Common-Law Marriage?

A "common-law marriage" is when two people live together for a certain amount of time. They also act like a married couple by doing things like using the same last name or filing joint tax returns. Not all states allow common-law marriages. In states that do, couples must meet certain requirements like living together for a certain period, sharing finances and other foundational aspects of a committed life together, and presenting themselves as a married couple.

"Common-law marriage" is different from just living together. You cannot accidentally create a common-law marriage by sharing a home or having children together.

Will Illinois Recognize My Common-Law Marriage from Another State?

Yes, if it was valid in the state where it was created. Currently, only a few states recognize newly formed common-law marriages. These include Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Oklahoma, Rhode Island, South Carolina, Texas, and Utah.

The rules in each state are different. For example, Colorado allows common-law marriage if both people agree to be married and act like they are married. Texas makes couples sign a document or pass a three-part test that includes living together, agreeing to be married, and treating themselves as married.

How Does Common-Law Marriage Affect Same-Sex Couples Specifically?

After the Supreme Court legalized same-sex marriage in 2015, same-sex couples have the same rights as opposite-sex couples in states that recognize common-law marriage. If a same-sex couple has a valid marriage from after 2015 in a state that allows common-law marriage, Illinois will recognize that marriage.

What Should Unmarried Same-Sex Couples Do to Protect Their Rights in Illinois?

If you are in a committed same-sex relationship but not legally married, you should protect yourself legally. Same-sex couples who do not marry or cannot marry for personal reasons face unique challenges from family members or others who may question your partner's role in your life. Steps you can take include:

• Creating a cohabitation agreement: This explains how you will handle property, debts, and other financial issues if you separate.
• Write wills that clearly state who inherits your property, especially if you want your partner to inherit instead of blood relatives.
• Give each other medical power of attorney so you can make healthcare decisions if your partner cannot. Hospitals may default to biological family members otherwise.
• Add each other as beneficiaries on life insurance and retirement accounts.

Consider whether legal marriage makes sense for your situation. Legal marriage provides more legal protections that are harder for family members or establishments to challenge.

These steps are especially important for same-sex couples. Even in 2026, some family members may not respect your relationship. They may try to exclude your partner from important decisions.

Call a Wheaton, IL Same-Sex Family Law Lawyer Today

Understanding your legal rights as an unmarried same-sex couple can be confusing. If you want to formalize your relationship or stay unmarried and protect your rights, the DuPage County family law lawyers at Andrew Cores Family Law Group are ready to help. Andy Cores is currently a Fellow for the Collaborative Law Institute of Illinois and also served as a past member of his TEC Committee. Contact us today at 630-871-1002 for a free consultation.