Marriage in the United States: legal basics

Who may marry

States set eligibility rules. Common requirements are that both people (1) are above the minimum age or have met the state's conditions for younger applicants, (2) have the mental capacity to consent, (3) are not currently married to someone else, and (4) are not too closely related by blood. A number of states have raised the minimum age to 18 without exceptions in recent years, while others still allow younger people to marry with parental or court consent, so the current statute of the relevant state controls.

The Supreme Court has held that the right to marry is a fundamental right. Loving v. Virginia (1967) struck down bans on interracial marriage, Zablocki v. Redhail (1978) limited state restrictions based on unpaid child support, and Obergefell v. Hodges (2015) held that same-sex couples may marry on the same terms as other couples.

How a marriage is formed

In most states the steps are: apply for a license, wait out any required waiting period, hold a ceremony led by an authorized person, and have the signed license returned and recorded. Some states require witnesses, and a few require blood tests or other paperwork only in limited situations. A license usually must be used within a set number of days.

Errors in the formalities do not always invalidate a marriage. Many states protect a marriage entered in good faith even if, for example, the officiant turns out not to have been authorized.

Common-law marriage

A small number of states and the District of Columbia recognize common-law marriage, which is formed when two people who are legally able to marry agree to be married, live together as spouses, and present themselves to others as married. In Texas it is called an "informal marriage" (Tex. Fam. Code § 2.401). Other states, such as Pennsylvania, stopped allowing new common-law marriages after a set date but still honor earlier ones.

Living together for a long time does not by itself create a common-law marriage. A common-law marriage that is valid in one state is generally recognized in others, and ending it requires a divorce just like any other marriage.

What marriage changes: property and finances

Rules for property depend on the state. Nine states, including California, Texas, and Washington, use community property: income earned and property acquired during the marriage is generally owned equally by both spouses, while property owned before the marriage or received as a gift or inheritance is generally separate. Most other states use equitable distribution, applied when a marriage ends. In either system, mixing separate property with marital property, for example by depositing an inheritance into a joint account, can change how it is treated.

Spouses also generally have duties of support to each other, a right to inherit under state law even without a will (often called an elective or spousal share), and in many states rules that protect the family home from sale by one spouse alone.

What marriage changes: taxes, benefits, and immigration

Federal law lets married couples file a joint income tax return (26 U.S.C. § 6013) and generally allows property to move between spouses without immediate tax (26 U.S.C. § 1041). Marriage can also affect eligibility for Social Security spousal and survivor benefits, health insurance coverage through a spouse's employer plan, and the estate tax treatment of what passes to a surviving spouse. Marriage to a U.S. citizen can be a basis for a family-based immigration petition, but it is subject to separate federal requirements, including proof that the marriage is genuine.

Recognition across states and countries

A marriage that is valid where it was performed is generally recognized elsewhere in the United States. Congress reinforced this in the Respect for Marriage Act (2022), which requires federal recognition of marriages valid where entered, and requires states to give full faith and credit to out-of-state marriages. Marriages performed in other countries are usually recognized if valid there, although exceptions exist for marriages that violate a state's strong public policy.

Premarital agreements and changes after marriage

Couples can sign a premarital (prenuptial) agreement to set their own rules for property and support. Most states have adopted the Uniform Premarital Agreement Act or a similar law, which generally requires a written agreement, voluntary signing, and fair disclosure of finances. Terms about child custody and child support are not binding on a court. After marriage, many people also change their name, update beneficiary designations, and revise their wills, since marriage can change how documents made earlier are treated.

Annulment and ending a marriage

An annulment is a court declaration that a marriage was never valid. Common grounds include bigamy, closely related spouses, lack of capacity, fraud, duress, or being under the minimum age, and the available grounds vary by state. Otherwise, a marriage ends on a spouse's death or by a court judgment of divorce. Some states also allow legal separation, which divides finances and responsibilities but leaves the spouses married.