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The relationship is over. One person packs a bag, moves out, and assumes that's the end of it. Then the question of whether the couple was actually married comes up. There was no ceremony and no marriage license, but Colorado law can recognize a marriage based on the couple's intent and conduct. That can turn an ordinary breakup into a legal dispute over whether there is a marriage to dissolve, along with potential claims to property and spousal maintenance. Colorado's current approach comes from a 2021 Colorado Supreme Court decision, and a 2026 legislative change recently restored a statutory protection for common law spouses. Here's how the law works and what it can mean when a common law marriage in Colorado ends.
While Colorado recognizes common law marriage, it doesn’t have a specific statute or law that spells out what qualifies a relationship as a common law marriage. It also applies regardless of the couple's gender. Instead, case law has defined what elements must be present. In re Marriage of Hogsett & Neale is the current controlling case law. This case replaced an older case that was used as the previous standard.
People v. Lucero used cohabitation and the couple’s reputation to determine if a common law marriage existed. This is different from the current test. The modern approach uses intent and actions in a two-part test. Each individual in the relationship must have had a mutual and present intent to be married. Then, their actions and conduct manifested that intent to each other and the people around them.
Unlike other states, Colorado’s test doesn’t consider the length of time the couple is in a relationship or has lived together. Cohabitation alone doesn’t establish intent. Living together for years, even with children, doesn't by itself create a marriage.
There are also age restrictions for eligibility under C.R.S. § 14-2-109.5. Both partners must be 18 years of age or older. A common law marriage in Colorado cannot be established if another law would otherwise prohibit it. For example, a relationship between close relatives or when one of the partners is currently married to an outside party.
Intent can be difficult to prove, so courts look at the couple's everyday conduct for evidence of how they viewed their relationship. Instead of depending on a symbolic milestone or single document, focus on presenting everyday conduct. There are several commonly accepted types of evidence:
Partners aren’t required to have everything on this list. Evidence accepted isn’t limited to the items on this list. No single piece of evidence automatically establishes a common law marriage. Courts look at the full picture of how the couple held themselves out.
Colorado law protects a valid common law marriage from being invalidated just because the couple never went through a formal ceremony. A properly formed common law marriage can't be thrown out on a technicality. That protection was briefly and unintentionally repealed in 2025. However, C.R.S. § 14-2-104 protections were restored by HB26-1218. The restoration took effect August 12, 2026, so couples going through divorce don’t need to worry about the gap in protection. This update also doesn’t impact how courts evaluate the existence of a common law marriage. The Hogsett intent-and-conduct test still governs.
Once the court determines that a legal common law marriage in Colorado exists, it will move forward with the divorce process. A legally established common law marriage can only be ended through a formal dissolution of marriage proceedings. This is the same process for ceremonial marriages. There's no informal way to end it by simply moving out or agreeing to separate.
The partner who wants the court to recognize the marriage is the one who has the burden of proving the marriage existed. Once a common law marriage is proven, property division follows the same equitable distribution rules under C.R.S. § 14-10-113. Either spouse may request spousal maintenance under C.R.S. § 14-10-114, just as in any other divorce.
Before filing for divorce, gather all of the necessary and relevant documentation. Be prepared to show financial records and documents that can establish a shared household. The court must establish that the relationship qualifies as common law before addressing divorce matters. This is especially true if one partner disputes the existence of a common law marriage or there is doubt that the relationship meets the legal test. A family law attorney can help evaluate whether a common law marriage likely exists based on the couple's specific history. They can also help identify the evidence that may support your position on whether a common law marriage existed.
You don't have to have a marriage certificate sitting in a drawer for Colorado law to recognize your marriage. The harder question is often whether the facts support one in the first place. If you're wondering how to prove common law marriage in Colorado, or your former partner is disputing that a marriage ever existed, don't assume the issue will sort itself out. The answer can affect property, support, and how you move forward with a divorce.
Altitude Family Law can review the circumstances of your relationship and help you determine what comes next. Reach out to us to talk through your situation.
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