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 Alabama, common law marriage was recognized until January 1, 2017. Couples who met the criteria for a common law marriage before that date are still considered legally married. To have been recognized as a common law marriage in Alabama, the couple must have had the capacity to enter into a marriage, mutually agreed to be married, cohabited, and held themselves out to the public as a married couple. However, for any relationship beginning after January 1, 2017, Alabama no longer recognizes new common law marriages. Couples wishing to be recognized as legally married in Alabama must now obtain a marriage license and have a ceremony that meets legal requirements. It's important to note that while Alabama does not recognize new common law marriages, it will recognize a common law marriage that is legally established in another state where such marriages are recognized.