When it comes to romantic partnerships, the lines between legally recognized marriages and informal arrangements can sometimes get blurred. A common question people ask is whether Florida recognizes common law marriage. In this article, we will explore everything you need to know about common law marriage in Florida and your legal rights.
What Is Common Law Marriage?
Common law marriage is a type of informal marriage that occurs when a couple lives together and presents themselves as married without ever going through a legal ceremony or obtaining a marriage license. In some states, this kind of arrangement is legally recognized and can have the same implications as a formal marriage.
Does Florida Recognize Common Law Marriage?
Florida does not recognize new common law marriages. In other words, if you and your partner started living together in Florida after January 1, 1968, you cannot claim a common law marriage status. The state abolished recognition of new common law marriages as of that date. However, there are some exceptions you should know about.
Exceptions to Florida’s Common Law Marriage Ban
While Florida doesn’t allow new common law marriages, the state does recognize common law marriages that were legally established in other states. If you entered into a valid common law marriage in a state where such unions are legal, Florida will honor that status if you later move here. This concept is known as “full faith and credit.”
States That Still Recognize Common Law Marriage
There are a few states in the U.S. that still acknowledge common law marriage. These include Colorado, Iowa, Kansas, Montana, South Carolina, Texas, Utah, and the District of Columbia. If your relationship meets the legal requirements in one of these jurisdictions, Florida may recognize it even though the state itself does not permit new ones.
Legal Implications of a Recognized Common Law Marriage
If your common law marriage is recognized in Florida due to prior validity in another state, it can affect various aspects of your legal rights. This includes matters like property division, inheritance, tax filing status, and spousal support. In these cases, the court may treat your relationship just like a legally binding marriage.
What Constitutes a Valid Common Law Marriage in Other States?
Each state that allows common law marriage has specific criteria. Generally, the couple must live together for a certain period, intend to be married, and present themselves as a married couple to others. This might include sharing a last name, filing joint taxes, or referring to each other as husband and wife in public settings.
How to Protect Your Relationship Legally in Florida
If you’re in a long-term relationship but are not legally married, it’s essential to take steps to protect your legal and financial interests. You can consider drafting a cohabitation agreement. This document outlines your rights and responsibilities, covering things like property ownership, shared expenses, and what happens in case of a breakup.
Why Some Couples Avoid Formal Marriage
Many couples today choose not to get legally married for a variety of reasons. Some may want to maintain financial independence, avoid entanglement with previous relationships, or simply not feel the need for formal recognition. However, not being married can complicate things like healthcare decisions, property rights, and inheritance.
Healthcare and End-of-Life Decisions Without Marriage
In Florida, if you’re not legally married, your partner may not have automatic rights to make healthcare decisions for you in an emergency. Similarly, they might not be allowed to visit you in the hospital or make end-of-life decisions. To protect each other, you can sign healthcare proxy forms or medical power of attorney documents.
Estate Planning for Unmarried Couples
Without a legal marriage, your partner is not automatically entitled to inherit your property if you pass away. That’s why estate planning is crucial for unmarried couples in Florida. You’ll want to draft a will, establish power of attorney, and consider creating a living trust to ensure your wishes are carried out.
Parenting and Custody Rights for Unmarried Couples
If you have children and are not married, legal issues can become more complicated. While both parents have rights, establishing paternity is necessary for the father to have legal custody or visitation rights. Florida law provides a path for this, but it requires court action and proper documentation.
Financial Tips for Unmarried Couples Living Together
Sharing finances without the legal framework of marriage requires clear communication and planning. Consider opening a joint account for shared expenses while maintaining separate individual accounts. Discuss how to handle large purchases like a car or home, and always document ownership to prevent disputes if the relationship ends.
Real Estate and Property Ownership
If you purchase property together without being married, it’s important to decide how you’ll hold the title. You can choose to be joint tenants with rights of survivorship or tenants in common. Each has different implications for ownership rights and what happens if one of you dies or the relationship ends.
Debunking Myths About Common Law Marriage Florida
A common myth is that living together for seven years automatically makes you “common law married.” This is simply not true—especially in Florida. The length of cohabitation alone does not establish a legal marriage, no matter how long you’ve been together or how committed you are emotionally.
When to Seek Legal Advice
If you’re unsure about your relationship’s legal status or want to formalize your arrangement, consulting an attorney is a smart move. Legal professionals can help you draft cohabitation agreements, estate planning documents, and more. Getting proper legal advice can save you emotional and financial stress down the line.
Social and Cultural Shifts in Relationship Recognition
Modern relationships are evolving, and many states are beginning to acknowledge this shift in how couples choose to build lives together. Still, laws around common law marriage remain conservative in many areas. Understanding your state’s laws—especially in Florida—can help you make informed choices about your relationship.
Marriage Alternatives and Legal Protections
Even without marriage, there are legal mechanisms you can use to build a secure life together. Domestic partnerships, legal contracts, and power of attorney forms can give you some of the protections that married couples enjoy. These documents are particularly important in states like Florida, where common law marriage is not recognized.
How to End a Common Law Marriage
If your common law marriage is recognized in Florida, ending it isn’t as simple as walking away. You may need to go through a formal divorce process, just like legally married couples. This includes dividing assets, determining spousal support, and possibly addressing child custody arrangements.
Summary: Know Where You Stand
Understanding where your relationship stands legally is vital—especially in a state like Florida that doesn’t recognize new common law marriages. Whether you’re currently in one from another state or simply cohabiting, taking proactive steps can protect your rights and your future. Legal clarity is always better than making assumptions.
Conclusion: Take Control of Your Legal Future
In Florida, the legal landscape does not support new common law marriages, but that doesn’t mean you have no options. Whether you’re building a life with your partner or already in a legally recognized relationship from another state, it’s crucial to understand your rights. For guidance and peace of mind, trust Dewitt Law to help you navigate your legal journey with confidence and clarity.