Is Common Law Marriage Legal in New York? Understanding the 2025 Laws

Ever wondered if common law marriage is a thing in New York? You're not alone. Here's what the law actually says in 2025.

New York does not recognise common law marriage. This means that regardless of how long two people have lived together or shared finances, they are not considered legally married under New York law unless they obtain a valid marriage licence and have a ceremony.

What New York Does Recognise

While New York does not create new common law marriages, it does recognise common law marriages that were legally formed in other states that allow them, such as Colorado, Iowa, Kansas, Montana, Rhode Island, South Carolina, Texas, and Utah.

Domestic Partnerships in New York City

New York City offers domestic partnership registration, which provides some, but not all, of the legal protections of marriage. This is available to both same-sex and opposite-sex couples.

Why This Matters for Proposals

If you have been in a long-term relationship in New York and are considering the next step, a formal proposal and marriage licence is the only way to secure full legal protection for your relationship under New York law.