Is There Common Law Marriage in Nebraska?

If you’ve lived together for years, share the same finances, and present to the world as a married couple, you might wonder if Nebraska considers you legally married. Here at Wallpostmedia, we do the research, looking at the statutes and the existing case law, and provide the long answer to this question.

The Answer: No

Common law marriages are not recognized in Nebraska. Cohabiting, regardless of the length, public presentation, or enacted joint financial dealings, will not result in a legally recognized marriage. Nebraskans wanting the protections and rights of marriage will have to go through the process of obtaining a marriage license and perform the ceremony. There are no alternative options to this process.

The Reason for No Common Law Marriage

Since 1923, Neb. Rev. Stat. § 42-104 has required the obtaining of a marriage license to have a legally recognized marriage. This licensed marriage also must be solemnized by a marriage officiant.

This has been supported by the case Nebraska Bowman v. Bowman, where the courts have ruled that no legally recognized common law marriage will be recognized. Their reasoning was simply that a marriage license was not obtained, thus, no legally recognized marriage exists, regardless of the couples’ statements, behavioral acts, and the number of years they have lived together.

Does Nebraska Honor Common Law Marriages from Different States?

Things get more complicated and quite a bit confusing here.

Although Nebraska will not set the grounds for new common law marriages, it will recognize a common law marriage set in a different state where it was legally established. There is a broader legal principle for states honoring legally established marriages in other states.

As of 2026, the states (and Washington D.C.) that establish new common law marriages include:

• Colorado
• Iowa
• Kansas
• Montana
• New Hampshire (only for inheritance)
• Rhode Island
• South Carolina
• Texas
• Utah
• Washington D.C.

If a couple was common law married in a state like Texas or Colorado and later on moved to Nebraska, then that marriage would be honored in Nebraska. However, that couple could not have been common law married in Nebraska.

Moving to Nebraska from a Common Law State

If you established a valid common law marriage in another state and are planning to move to Nebraska, consider the following:

• Nebraska courts will likely respect the common law marriage and any agreements you have concerning the relationship’s future and division of property.
• It may be helpful for you to have the paperwork. This may include a power of attorney or a cohabitation agreement. Having these documents may help if the marriage’s validity is contested.
• Ending this marriage requires you to file for a divorce. You will not be able to simply separate and move on. In order to dissolve a valid common law marriage, you must file for divorce in Nebraska. As of 2026, the filing fee will be $164 along with a one-year residency requirement for at least one of the spouses.

Domestic Partnerships

Nebraska does not recognize domestic partnerships. This means that couples remain unmarried and do not have spousal rights or protections. If couples do not plan to officially marry and would like to have some legal protections, a power of attorney, cohabitation agreement, or a will, travel to Nebraska and sign these legal documents, as these may establish rights that other Nebraska laws will not.

Key Takeaways

• Since 1923, you cannot establish a common law marriage in Nebraska; a marriage license has been mandatory since then
• Neither long-term cohabitation, sharing finances, nor behaving like a married couple establishes a marriage in Nebraska
• Generally, Nebraska will recognize common law marriages that have been established in jurisdictions that allow for them
• In Nebraska, a common law marriage, once established, can only be dissolved by an actual divorce
• Since Nebraska does not recognize legal domestic partnerships, unmarried couples need to consider other legal options for securing their interests

Final Thoughts

In Nebraska, if you want the law to recognize your relationship as a marriage, you need to apply for a marriage license and have the marriage solemnized. No amount of time spent together, sharing of finances, or even referring to each other as “husband” and “wife” will achieve that under the law. If you are moving to Nebraska with a common law marriage that has been established in another state, Nebraska will most likely continue to recognize that marriage.

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