Common law marriage is a fragile relationship under Alabama law because it lacks the requisite marriage license. In the event of divorce or death of one of the common law marriage spouses, a court is asked to ignore the fact that a marriage license does not exist, and instead look to the intent of the couple. Intent is a legal requirement involving the interpretation of a person’s state of mind and actions.

Alabama law recognizes common law marriages. Under Alabama law, a common law marriage will be upheld if the parties had the capacity to form an agreement, if they mutually agreed to enter a permanent marital relationship, if they displayed a marital relationship to the public, and if the public recognized the couple’s marital relationship. As well, other evidence can be used to support a marital relationship, such as joint tax returns, join bank accounts or shared household expenses.