The Truth About Common Law Marriage in Ohio

Marriage isn't for everyone!

Whether it's cost, location, custody agreements, lifestyle, religious reasons, etc.-- there are a lot of factors to take into account when considering marriage.

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Just the cost of the wedding itself is astronomical! The average wedding in the United States cost $29,000 in 2023; This number comes from popular wedding and registry website Zola, so they know what they're talking about.

In Ohio that number is slightly less with couples averaging $24,157 for weddings in 2023.

Whatever your reasoning may be, should you choose to simply cohabitate with your significant other what legal protections are offered to you, if any?

What Is Common Law Marriage?

Most Americans believe if you live together long enough and your lives are intertwined in more ways than one, whether that be having kids together or joint assets, you're essentially married in the eyes of the law.

The common myth is that couples can be recognized as a common law marriage in most states but that is a common misconception; only 15 states in the U.S. recognize common law marriage-- and Ohio's not one of them!

According to the Ohio Bar Association the State of Ohio has not recognized common law marriages since 1991:

Until October 1991, Ohio recognized the formation of common law marriages, and the courts required specific factors to establish a valid common law marriage. Since October 1991, parties who wish their marriage to be recognized by the state have been required to obtain a marriage certificate.

What If You Were "Married" Before 1991?

Of course Ohio recognizes all common law marriages that were entered into before 1991, as well as common law unions that were valid in another state according to the prior state's laws.

Why Common Law Marriage?

With all the hoops to jump through, why would anyone even want to be considered married under common law vs. the real thing? Youngberg Law Firm in Texas, a state where common law marriage is recognized says benefits may include:

• legal recognition of your relationship
• property division rights
• inheritance rights
• potential alimony should the couple separate
• power of attorney for medical decisions