Common law marriage—also known as marriage without formalities or informal marriage—is marriage without a wedding or marriage ceremony and without a marriage license. Some states recognize common law marriage under certain circumstances—such as when the parties agree to be married, live together (cohabit) after agreeing to be married, and represent to others that they are married (holding themselves out as a married couple).
Other states previously recognized common law marriages, but no longer recognize such marriages after a certain date on which the law was changed—usually by statute. In other states, common law marriage has not been recognized by the legislature in a statute, but the courts have recognized common law marriage in court opinions or case law.
In Alaska, common law marriages are not recognized. This means that couples cannot become legally married in Alaska by living together for a certain period, presenting themselves as a married couple, or having a long-term relationship without obtaining a marriage license and having a formal ceremony. Alaska requires couples to follow the formal process of obtaining a marriage license and having a ceremony performed by an authorized officiant to be legally recognized as married. However, if a common law marriage is legally established in a state that does recognize such unions, Alaska will acknowledge the marriage as valid under the Full Faith and Credit Clause of the U.S. Constitution. It is important for individuals in Alaska to understand that cohabitation, no matter the duration, does not confer marital rights or status.