Oklahoma recognizes common‑law marriage between one man and one woman.  To be considered common‑law married, the couple must meet all five criteria below.

✅ 1. They must be legally able to marry

• Neither person can already be married (by ceremony or common‑law).
• Both must meet age and legal requirements.

✅ 2. They must agree they are spouses

• Both people must say they consider themselves married.
• If only one person claims they are married, it is not a common‑law marriage.

✅ 3. They must present themselves to others as married

Examples include (but are not limited to):

• Both tell others they are married
• Filing taxes jointly
• Listing the other person as “spouse” on employment, insurance, or other records
• One person calls the other “husband,” “wife,” or “spouse,” and the other does not correct it

✅ 4. They must live together

• Living together must occur while the other criteria are also being met.
• This includes periods when one party is working away from home.

✅ 5. They must meet these criteria in a state that recognizes common‑law marriage

• Oklahoma is one of those states.

✅ If There Is Still Uncertainty or Disagreement

If staff and the couple do not agree about whether a common‑law marriage exists:

• Have your supervisor email AFS.HRMS@okdhs.org with a summary of both sides.

The AFS Legal Team will make a final determination.