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Common Law Marriage in Wisconsin

Wisconsin has not recognized new common law marriages since 1917, but it recognizes common law marriages validly formed in other states.

Last checked . General information, not legal advice.

Wisconsin at a glance

New common law marriages allowed
No, abolished
Valid out-of-state common law marriages are recognized, but not those from brief trips by Wisconsin residents.
Cutoff date
1917
SSA guidance states common law marriage is not recognized in Wisconsin after 1917.
Requirements
Not available; license and ceremony required

Sources

Last checked

The rules in Wisconsin

Can a couple form a common law marriage in Wisconsin today?

No, abolished. New common law marriages allowed in Wisconsin: no, abolished. Valid out-of-state common law marriages are recognized, but not those from brief trips by Wisconsin residents.

When did Wisconsin stop recognizing new common law marriages?

Cutoff date in Wisconsin: 1917. SSA guidance states common law marriage is not recognized in Wisconsin after 1917.

What are the requirements for a common law marriage in Wisconsin?

Requirements in Wisconsin: Not available; license and ceremony required.

Where do the Wisconsin common law marriage laws come from?

The rules above come from Wis. Stat. 765.16(1m). Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Living together for a long time does not by itself create a marriage. Where common law marriage is allowed, the key question is usually whether both partners agreed to be married and acted that way in public, for example by using the same last name, filing joint tax returns or calling each other husband or wife.

A valid common law marriage can only be ended by divorce or death, just like a licensed marriage. There is no informal way to undo it by moving out. The question of whether a marriage existed often comes up later, in a divorce, an inheritance dispute or a claim for spousal benefits.

Couples who want clear proof of their status can sign a written declaration or affidavit of marriage where state law provides for one, or simply obtain a marriage license. Couples who live together and do not want to be married can sign a cohabitation agreement that sets out how property and expenses are handled.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.