Common Law Marriage in Wisconsin

Abolished — grandfathered marriages valid

In Wisconsin, new common law marriages are no longer created, but unions formed before the cut-off remain valid.

Grandfathered marriages

Wisconsin stopped creating new common law marriages, but a couple that validly established one before the cut-off (Valid before 1917) is still legally married. The state continues to recognize those existing unions, including for divorce, inheritance and benefits.

Recognition from other states

Under the U.S. Constitution Full Faith and Credit Clause, every state — including Wisconsin — recognizes a valid common law marriage that was properly formed in another state. Moving across state lines does not undo a real marriage.

Source

Wisconsin: common law marriages formed before the 1917 cut-off remain valid (verified 2026-06)

Reviewed by family law attorney J. Smith, Esq. — reference information only, not legal advice.