Common-Law Marriage

Per Act 144 of 2004, Pennsylvania will no longer recognize a common-law marriage entered into after January 1, 2005. If an applicant states that she has a common-law spouse, the CAO must obtain proof that the couple presented themselves to the community as a married couple before January 1, 2005. the CAO must obtain proof which includes, but is not limited to, the deed to their residence, income tax records, bank records,leases,utility bills,or statements from knowledge individuals. In the case of recipients whose records indicates that they have been presenting themselves to be married under common law prior to January 1, 2005, the CAO should continue to recognize the common law marriage.