Pennsylvania Intermediate Appellate Court Abolishes Common-law Marriage

Following guidance in dicta from the state’s highest court, the Pennsylvania Commonwealth Court announced in PNC Bank Corp. v. Workers’ Comp. Appeal Bd., 831 A.2d 1269 (Sept. 17, 2003), that the concept of common-law marriage no longer would be recognized. That decision will only apply prospectively, and affects only matters heard in the Commonwealth Court, a special intermediate appellate court that hears cases brought against and by the Commonwealth. Three of the seven judges concurred solely in the judgment, two of whom joined in a scathing dissent accusing the majority of usurping the function of the legislature and acting without authority. Eleven other states continue to recognize common law marriage.