Florida's marriage laws can be confusing, especially when it comes to common-law marriage. If you and your partner have lived together for years without getting married, you may wonder if Florida considers your relationship a legal marriage. The answer isn't simple, and knowing the details could affect your legal rights.
Common-law marriage allows couples to be considered legally married without obtaining a marriage license or having a formal ceremony. Instead, these relationships are recognised based on the couple's actions and intent to be married. However, each state has different rules regarding whether it recognises these unions.
Florida's rules about common law marriage have changed over time, and the current laws may be unexpected. Suppose you're in a long-term relationship, considering your legal options, or planning your estate. In that case, it's essential to understand how Florida treats common law marriage so you can protect your rights and make informed decisions.
What Is Common Law Marriage?
Common-law marriage is a legal concept that recognises couples as married, even without a formal ceremony or marriage license. For a common law marriage to be valid, couples typically must meet specific criteria that vary by state.
Generally, these requirements include living together for a specific period, presenting themselves publicly as a married couple, and having the mutual intent to be married. Some states also require couples to share financial responsibilities or use the same last name.
The primary distinction between common law marriage and cohabitation is whether the couple intends to be married and presents themselves as spouses. Just living together isn't enough; there must be clear evidence that both people intended to get married.
Common-law marriages, when recognised, carry the same legal weight as traditional marriages. This means couples have the same rights regarding property division, inheritance, medical decisions, and other spousal benefits. However, ending a common law marriage requires the same legal divorce process as any other marriage.
Florida's Current Law on Common Law Marriage
Florida does not recognise new common law marriages. The state abolished common law marriage in 1968, meaning that couples cannot establish a common law marriage under Florida law, regardless of how long they cohabit or how they present themselves to the public. (Florida Common Law Marriage, n.d.)
This means that unmarried couples living together in Florida—even for decades—do not have the automatic legal protections that married couples enjoy. Without a formal marriage license and ceremony, these relationships have no legal standing under Florida law.
However, there's a significant exception to this rule. Florida will recognise common law marriages that were validly established in other states before the couple moved to Florida. This recognition extends to common-law marriages created in states that still permit them, provided the marriage meets all the requirements of that state's law. (Common Law Marriage in Florida: What You Need to Know, 2025)
The states that currently recognise common law marriage include Colorado, Iowa, Kansas, Montana, New Hampshire, South Carolina, Texas, Utah, and the District of Columbia. (Common-Law Marriage Handbook, 2023) If you established a valid common law marriage in any of these jurisdictions, Florida courts will generally honour that marriage.
Historical Context: When Florida Recognised Common Law Marriage
Before 1968, Florida recognised common law marriages. Couples who established common law marriages in Florida before January 1, 1968, are still considered legally married today, provided they met the requirements that existed at the time. (Florida Common Law Marriage, n.d.)
The requirements for common law marriage in pre-1968 Florida included mutual agreement to be married, cohabitation, and public recognition as husband and wife. (SSR 72-26, 1972) These couples didn't need to take any additional steps to validate their marriages when the law changed—their existing common law marriages remained valid.
This history leads to a unique legal situation. Some people in Florida who have been together since the 1960s may still have a valid common-law marriage. However, couples who started their relationships after 1968 do not have this legal status, regardless of how long they've been together.
Understanding this timeline is crucial for older couples who may need to prove their marital status for Social Security benefits, inheritance rights, or other legal purposes.
Legal Rights for Unmarried Couples in Florida
Since Florida doesn't recognise common-law marriage, unmarried couples lack many of the automatic legal protections that married couples enjoy. This gap in legal recognition can create significant challenges in various situations.
Property Rights: In Florida, unmarried couples don't have automatic rights to each other's property. When one partner dies, the surviving partner has no inheritance rights unless specifically named in a will. (Does Florida Have Common Law Marriage? - Veliz Katz Law, n.d.) Similarly, if the relationship ends, there's no legal framework for dividing shared property unless the couple has written agreements in place.
Medical Decision-Making: Without a marriage, partners cannot automatically make medical decisions for each other in emergencies. They also lack the right to visit each other in intensive care units or receive medical information protected by HIPAA privacy laws. (Estate Planning for Unmarried Partners in Hillsborough County: Protecting Your Relationship, 2025)
Financial Benefits: Unmarried couples miss out on various financial advantages available to married couples, including the ability to file joint tax returns, Social Security survivor benefits, and access to employer-provided health insurance for partners. (Does Florida Recognise Common Law Marriage?, 2025)
Parental Rights: When unmarried couples have children together, only the biological mother has automatic parental rights. The biological father must establish paternity to secure legal rights and responsibilities for the child. (FLORIDA PUTATIVE FATHER REGISTRY - CLAIM OF PATERNITY, 2023)
Protecting Your Rights as an Unmarried Couple
While unmarried couples in Florida don't have automatic legal protections, there are several steps you can take to safeguard your relationship and interests.
Create Written Agreements: Draft cohabitation agreements that outline how you'll handle shared expenses, property ownership, and asset division if the relationship ends. These contracts can provide clarity and legal protection that marriage typically offers.
Establish Joint Ownership: For major purchases, such as homes or vehicles, consider holding title as joint tenants with rights of survivorship. This ensures that if one partner dies, the other automatically inherits the property.
Update Estate Planning Documents: Create wills, trusts, and beneficiary designations that specifically name your partner. Without these documents, your partner has no inheritance rights under Florida law.
Execute Healthcare Directives: Prepare advance healthcare directives and powers of attorney for healthcare that authorise your partner to make medical decisions on your behalf. Additionally, complete HIPAA authorisation forms to ensure your partner has access to your medical information.
Consider Domestic Partner Benefits: While Florida doesn't have statewide domestic partner recognition, some employers and municipalities offer domestic partner benefits. Research what's available in your area and through your employer.
When You Might Need Legal Help
Several situations warrant consulting with a family law attorney to protect your interests as an unmarried couple in Florida.
If you're dealing with property disputes, child custody issues, or estate planning concerns, professional legal guidance becomes essential. An attorney can help you understand your rights and create appropriate legal documents to protect your interests.
Additionally, if you established a common law marriage in another state before moving to Florida, you may need legal assistance to prove the validity of that marriage. This is particularly important for accessing benefits that depend on marital status.
Couples considering marriage after years of cohabitation should also seek legal counsel to understand how marriage will affect their existing assets, debts, and legal arrangements.
Making Informed Decisions About Your Future
Understanding how Florida views common law marriage helps you make informed decisions about your relationship and legal protections. Although the state doesn't allow new common-law marriages, unmarried couples still have ways to protect themselves.
The key is taking proactive steps to establish the legal protections that marriage typically provides. This could involve making agreements, updating your estate plan, or deciding to get married. A lawyer and an estate planning attorney to ensure you've covered all bases. They can help you understand the specific implications for your situation and recommend appropriate legal documents.
Keep in mind that Florida's laws are subject to change, so it's essential to stay updated on any changes that may affect your relationship and future plans.
Moving Forward With Confidence
Because Florida doesn't recognise new common law marriages, unmarried couples need to be more careful about protecting their legal rights. With good planning and legal advice, you can still get many of the same protections as married couples.
Whether you decide to get married or stay unmarried with strong legal agreements, the most important thing is to take steps to protect both of you. Don't leave your future to chance when simple legal actions can provide you with security and peace of mind.
Begin by assessing your current situation and identifying areas where you require enhanced legal protection. Then work with qualified attorneys to implement the appropriate documents and agreements for your specific circumstances.