"Decorative title image with the phrase 'Marriage in the United States' framed by colorful lines and corner vines." — “Stylized visual introducing the topic of marriage law and rights across the U.S.”

US Marriage Law: The Evolving Legal Framework of Spousal Unions

Author Name: Nahyan | uslawguide

Last Updated: June 29, 2025

In the United States, marriage is recognized as both a sacred social institution and a civil contract. The legal framework governing marriage is primarily established at the state level, meaning that while there are broad commonalities, specific requirements and regulations can vary significantly from one state to another. This state-level authority is crucial, yet the federal government, through its recognition of valid state marriages, extends a wide array of benefits and responsibilities to married couples. US marriage law has been a dynamic field, shaped by historical social movements, civil rights struggles, and pivotal Supreme Court decisions that have redefined who can marry and the rights conferred by such a union. These developments are part of a broader constitutional conversation about rights and federalism, explored further in the US Amendments Bill of Rights. A landmark case in this evolution is Obergefell v. Hodges (2015), which guaranteed same-sex marriage nationwide: here.

A Legacy of Change: The Historical Evolution of US Marriage Law

The legal landscape of marriage in the U.S. has undergone profound transformations, dismantling discriminatory barriers and expanding access to marital rights.

Common Law Origins: Early American marriage laws largely inherited principles from English common law, focusing on a union between one man and one woman.

Interracial Marriage: For centuries, many states enforced laws prohibiting interracial marriage, often referred to as anti-miscegenation laws. This discriminatory practice was finally struck down as unconstitutional by the landmark Supreme Court decision in Loving v. Virginia (1967), which affirmed the fundamental right to marry regardless of race. This ruling declared that marriage is “one of the ‘basic civil rights of man,'” and its denial based on race violated the Equal Protection Clause of the Fourteenth Amendment. The precedent it set remains foundational in the evolution of US Amendments Bill of Rights protections.

Same-Sex Marriage and DOMA: The late 20th and early 21st centuries saw a nationwide movement for marriage equality for same-sex couples. In response to state-level efforts to legalize same-sex marriage, Congress passed the Defense of Marriage Act (DOMA) in 1996. DOMA defined marriage for federal purposes as between one man and one woman and allowed states to refuse to recognize same-sex marriages performed in other states.

Invalidation of DOMA: Key Supreme Court cases chipped away at DOMA. United States v. Windsor (2013) invalidated DOMA’s federal definition of marriage, granting federal benefits to legally married same-sex couples: see.

National Marriage Equality: The culmination of this struggle came with Obergefell v. Hodges (2015), which declared that the right to marry is guaranteed to same-sex couples by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment. This made same-sex marriage legal nationwide and required all states to issue marriage licenses to same-sex couples and recognize same-sex marriages performed elsewhere.

Respect for Marriage Act (2022): In a significant legislative move, Congress passed the Respect for Marriage Act in 2022. This federal law officially repealed DOMA, codified the federal recognition of same-sex and interracial marriages, and required states to recognize valid marriages performed in other states, providing a statutory “backstop” to the Obergefell and Loving decisions.

Foundations of Marriage: Key Legal Requirements under US Law

For a marriage to be legally recognized under US law, individuals must meet specific state-mandated requirements.

Marriage License: The first step in almost all states is obtaining a marriage license from a county clerk or equivalent office. This license typically has an expiration date and may involve a waiting period before the marriage ceremony can occur.
Solemnization: After obtaining a license, the marriage must be solemnized (officiated) by an authorized person. This typically includes judges, ordained clergy, or other officials authorized by state law.
Age Requirements: All states have minimum age requirements for marriage. While generally 18 years old without parental consent, many states allow minors to marry with parental consent or judicial approval. However, there has been a growing trend to eliminate exceptions for child marriage.
Prohibited Marriages:
- Polygamy: Marrying more than one person at a time is a criminal offense (bigamy or polygamy) and is strictly prohibited in all US law jurisdictions. Only one legal spouse is permitted.
- Incest/Consanguinity: Marriage between close blood relatives (e.g., siblings, parents and children) is prohibited by law in all states. The degree of prohibited familial relationship varies by state (e.g., some prohibit marriage between first cousins, others do not).
- Lack of Capacity/Consent: Individuals must be mentally competent to understand the nature of the marriage contract and must enter into it voluntarily. Marriages entered under duress, fraud, or by individuals lacking mental capacity are voidable or void.
Absence of Prior Undissolved Marriage: Neither party can be currently married to another person. A prior marriage must be legally dissolved through divorce or annulment before a new marriage can be contracted.

Forms of Legal Union: Beyond the Ceremony

While the traditional ceremonial marriage is most common, US law recognizes other forms of marital unions in certain circumstances:

Common Law Marriage: A small number of states recognize common law marriage, where a couple is considered legally married without a formal ceremony or license if they meet specific criteria. These criteria typically include:
- Holding themselves out to the public as married (e.g., using a common last name, filing joint taxes).
- Intending to be married.
- Living together as a married couple.
- States that currently recognize common law marriage (or specific circumstances thereof) as of 2024 include: Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Oklahoma, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia. Even states that no longer allow new common law marriages will generally recognize those validly formed before a specific cutoff date.
Covenant Marriage: A very limited option available in only a few states (Arizona, Arkansas, and Louisiana), covenant marriage is a more restrictive form of marriage. Couples choosing this option agree to stricter requirements for both entering the marriage (e.g., mandatory premarital counseling) and for dissolving it, significantly limiting the grounds for divorce beyond “no-fault” divorce.

The Legal Fabric of Marriage: Rights and Responsibilities

Marriage under US law bestows a vast array of legal rights, benefits, and responsibilities on spouses, both at the federal and state levels:

Federal Benefits: These can include Social Security spousal or survivor benefits, federal tax benefits (e.g., joint filing, deductions), immigration benefits for foreign spouses, military benefits, and certain healthcare and pension rights.
State-Level Rights: At the state level, married individuals typically gain:
- Property Rights: Rights related to marital property, debt, and community property (in some states).
- Inheritance Rights: The right to inherit from a deceased spouse’s estate.
- Medical Decisions: The authority to make medical decisions for an incapacitated spouse.
- Spousal Privilege: The right not to testify against one’s spouse in certain legal proceedings.
- Insurance Benefits: Eligibility for employer-provided health and other insurance benefits.
- Parental Rights: Legal presumptions of parentage for children born during the marriage.
Responsibilities: Along with rights come responsibilities, including mutual financial support (spousal support/alimony during separation or divorce), debt obligations, and parental responsibilities for children of the marriage.

Dissolution of Marriage: Divorce and Annulment

When a marriage ends, US law provides formal legal processes for its dissolution:

Divorce (Dissolution of Marriage): The most common method of ending a marriage, divorce legally terminates the marital bond. All states recognize “no-fault” divorce, allowing a marriage to be ended without proving fault (e.g., adultery, abandonment). Many states still allow “fault-based” divorce as well. Divorce proceedings involve the legal division of marital property and debts, determination of child custody and visitation, and potentially spousal support.
Annulment: An annulment declares a marriage null and void as if it never legally existed. Annulments are granted only under specific circumstances, such as fraud, coercion, bigamy, or one party’s legal incapacity at the time of marriage.

Conclusion

US marriage law represents a fundamental pillar of both individual rights and societal structure. From its historical evolution, marked by struggles for equality, to its intricate state-by-state requirements and the comprehensive array of rights and responsibilities it confers, marriage remains a uniquely powerful legal status. As society continues to evolve, US marriage law will undoubtedly adapt, but its core function—to define and regulate one of humanity’s oldest and most significant relationships—will endure as a critical component of the American legal system.

Frequently Asked Questions About US Marriage Law

Q: Who determines marriage laws in the U.S.? A: Primarily, marriage laws are determined by individual state governments. While federal law recognizes valid state marriages for federal benefits, the specific requirements for obtaining a marriage license, age limits, and other regulations are set by each state.

Q: Is polygamy legal under US law? A: No, polygamy (marrying more than one person simultaneously) is illegal and a criminal offense (bigamy) in every state under US law.

Q: What was the significance of Obergefell v. Hodges? A: Obergefell v. Hodges (2015) was a landmark Supreme Court case that legalized same-sex marriage nationwide, establishing a constitutional right for same-sex couples to marry and requiring all states to issue marriage licenses to them.

Q: Do all states recognize “common law marriage”? A: No. Only a limited number of states and the District of Columbia currently recognize common law marriage (where a couple is considered married without a ceremony if certain criteria are met). Most states have abolished it but will recognize common law marriages validly formed in states where they are legal.

Q: What are some major legal benefits of marriage in the U.S.? A: Marriage in the U.S. confers many legal benefits, including federal and state tax benefits, Social Security spousal/survivor benefits, inheritance rights, healthcare and insurance eligibility, spousal privilege in legal proceedings, and rights related to marital property and debt.

Responsible Disclaimer: This article provides general information about US marriage law and its principles. It is not intended as legal advice. Marriage and family laws are complex and vary significantly by state. For specific legal guidance regarding marriage, divorce, or related family matters, readers should consult a qualified attorney licensed in their jurisdiction.