The idea of common law marriage often leads to confusion, especially for long-term couples who live together without a marriage license. Many ask, does Florida have common law relationships that grant legal rights like married couples? This guide explores the facts, debunks myths, and helps you understand your legal options.
What Common Law Actually Means
Common law typically refers to an unwritten form of marriage recognized in some states, based on the couple’s actions rather than a formal license. If two people live together, act like a married couple, and intend to be married, some states may legally consider them married—even without official paperwork.
Florida’s Current Position on Common Law Marriage
Florida abolished the formation of new common law marriages in 1968. This means that, under current law, couples cannot acquire marital status simply by living together and presenting themselves as married. Legal marriage in Florida requires a license, solemnization, and proper documentation filed with the appropriate county.
Recognition of Out-of-State Common Law Marriages
Although Florida doesn’t allow common law marriages to originate within its borders, the state does recognize such unions if they were legally formed in another jurisdiction. So, does Florida have common law marriages? Not anymore—but it will honor one created elsewhere, provided it met that state’s legal standards.
Which States Still Allow Common Law Marriage?
States like Colorado, Iowa, Kansas, Montana, and Texas continue to recognize common law marriage under specific conditions. Each state sets its own legal standards, such as cohabitation, mutual agreement, and public representation as spouses. Moving to Florida doesn’t invalidate a common law marriage formed legally in another state.
Why Legal Recognition Matters
Marriage grants legal benefits and protections, including inheritance rights, tax benefits, healthcare access, and more. Unmarried couples living together in Florida without a legal or recognized common law marriage may not receive these benefits automatically. Understanding your status is essential to protect your rights, especially in medical or financial matters.
Healthcare Rights and Limitations
In Florida, unmarried partners cannot make medical decisions for each other without legal documentation. This includes emergencies, end-of-life decisions, or access to hospital records. Unlike legally married spouses, domestic partners must create legal agreements like healthcare surrogates or advance directives to ensure their preferences are respected.
Estate Planning for Unmarried Couples
Florida’s inheritance laws do not automatically include unmarried partners. If one partner dies without a will, the surviving partner may be left with nothing, even if they shared a life together. Creating a will, trust, or beneficiary designations ensures that your assets are passed on according to your wishes.
Property Rights Without Marriage
When unmarried couples purchase property in Florida, ownership rights depend on how the deed is titled. Joint ownership can protect both partners, but property listed under one name legally belongs to that individual. Without a cohabitation or property agreement, disputes over ownership can become complex during a separation or death.
Financial Planning and Shared Expenses
Unmarried couples often combine finances, share expenses, or even open joint bank accounts. However, Florida law does not treat them as a financial unit unless formal contracts exist. To avoid misunderstandings, it’s smart to create written agreements that clarify responsibilities and protect both parties’ interests in shared assets or debts.
Parental Rights in Non-Marital Relationships
Unmarried parents in Florida must take legal steps to establish parental rights. The mother automatically has legal custody, while the father must legally establish paternity to claim parental rights and responsibilities. Once paternity is confirmed, both parents can work out custody, visitation, and child support through the family court system.
Domestic Partnership Registries in Florida
Some Florida cities and counties offer domestic partnership registries that grant limited legal rights, such as hospital visitation or notification in emergencies. However, these registries do not provide the full scope of protections available through legal marriage. Partners must still execute additional legal documents to secure broader rights.
Myths About Common Law Marriage
A common misconception is that living together for seven years automatically results in a common law marriage. In Florida, this is not true. No matter how long you’ve cohabited, the law does not recognize your relationship as a marriage unless it meets the criteria from another jurisdiction where it’s still valid.
Ending a Recognized Common Law Marriage
If you move to Florida with a valid common law marriage formed in another state, you must go through a formal divorce process to dissolve the relationship. This includes filing for dissolution, dividing assets, and possibly addressing alimony or child custody—just like a traditional legal marriage would require.
The Importance of Legal Documentation
Because Florida doesn’t grant marriage-like rights to cohabiting couples, legal agreements become essential. Cohabitation agreements, medical proxies, powers of attorney, and estate planning documents can fill the gap. These agreements allow couples to make decisions together and protect each other in ways similar to legally married spouses.
Alimony and Support After Breakups
In Florida, courts do not grant alimony or spousal support to unmarried partners. Without a marriage or legal contract, the courts consider your separation as a non-marital issue. This means that long-term financial contributions or sacrifices made during the relationship might not be legally compensable without a written agreement.
Child Custody for Non-Married Parents
Florida courts do not require marriage to establish parenting rights or responsibilities. If both parents are legally recognized, they have equal rights to custody, decision-making, and visitation. The state prioritizes the best interests of the child, regardless of whether the parents were ever married or in a recognized partnership.
Taxes and Government Benefits
Unmarried couples are not eligible to file joint tax returns, claim marital deductions, or receive spousal benefits such as Social Security survivor benefits. These financial disadvantages can be significant. For couples committed to long-term partnership, legal marriage may be the only path to securing these rights and benefits.
Living Together? Protect Your Future
Couples who choose to live together without marrying in Florida should have clear agreements to protect their assets and outline their responsibilities. This can include property sharing agreements, joint financial planning, and even conflict resolution methods. Clarity now can prevent legal headaches and emotional stress in the future.
Considering Marriage for Legal Benefits
For many couples, marriage offers legal and financial protections that far exceed those available through contracts or registries. If your relationship is long-term and stable, legal marriage may be worth considering—especially if you share children, own property, or want access to spousal benefits and inheritance protections under Florida law.
When to Talk to a Family Law Attorney
Understanding your rights when you’re not legally married can be confusing. If you’re unsure of your legal status, or need help drafting legal agreements, a family law attorney can guide you through your options. Legal advice ensures that your relationship is protected, whether or not you decide to marry.
Conclusion
If you’re asking does Florida have common law, the answer is no—unless it was formed under another state’s law before moving to Florida. Couples who live together without marriage must take proactive legal steps to protect themselves. For trusted advice and experienced legal support, contact Dewitt Law, your partner in navigating Florida family law.
