Common Law Marriages

Recently, a question arose regarding the validity of common law marriages in Utah and how such marriages should be denoted on the Free Application for Federal Student Aid (FAFSA). In Utah, a common law marriage shall be legal and valid if it is so decreed in a court or administrative order.

Institutions should accept borrowers' self-certifying statements on the FAFSA that they have entered into a valid marriage unless the institution has reason to suspect that such information is incorrect. If an institution questions the marital status of a Utah resident, the institution should request that the borrower provide the appropriate documentation.

If you have any questions regarding this policy, please contact the Policy and Training Department at (801) 321-7166.