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Navigating the legal landscape of relationships can be confusing, especially when terms like "common law marriage" are involved. Many people believe that if a couple lives together for a certain number of years, they automatically gain the rights and responsibilities of a married couple. But is this true in the Sunshine State?
This guide clarifies Florida's stance on common-law marriage. We will explain what it is, whether it's recognized in Florida, and what exceptions might apply to your situation. Understanding these laws is essential for anyone in a long-term, unmarried partnership to protect their rights and plan for the future.
What is a Common Law Marriage?
A common-law marriage is a legally recognized marriage between two people who have not obtained a marriage license or had a formal wedding ceremony. Instead of a formal process, the couple is considered married because they have presented themselves to the public as a married couple.
The requirements for establishing a common law marriage vary by state, but they generally include:
- Presenting yourselves as married: This means telling others you are married, using the same last name, and referring to each other as "husband" or "wife."
- Intending to be married: Both partners must have a clear and present intention to be a married couple.
- Living together: The couple must cohabitate, though the length of time is often not specified.
Only a few states still permit couples to form new common-law marriages. This short list includes Colorado, Iowa, Kansas, Montana, New Hampshire (for inheritance purposes only), Oklahoma, Rhode Island, South Carolina, Texas, Utah, and the District of Columbia.
The Short Answer: Florida Does Not Recognize Common Law Marriage
To put it simply, you cannot enter into a new common law marriage in the state of Florida. The state abolished the practice effective January 1, 1968.
This means that, regardless of how long you and your partner have lived together, shared finances, or presented yourselves as a married couple to your friends and community, Florida law will not legally recognize your relationship as a marriage. Without a valid marriage license and a ceremony, you are considered unmarried in the eyes of the state.
This has significant legal implications. Unmarried partners in Florida do not automatically have rights to:
- Inherit property if a partner dies without a will.
- Receive spousal benefits like health insurance or Social Security.
- Seek alimony or an equitable division of shared property if the relationship ends.
The Exception: Valid Common Law Marriages from Other States
While Florida does not permit the creation of new common law marriages, it does recognize valid ones established in other states. This is thanks to the "Full Faith and Credit Clause" of the U.S. Constitution, which requires states to respect the "public acts, records, and judicial proceedings of every other state."
So, what does this mean for you?
Suppose you and your partner established a valid common law marriage in a state that recognizes it before you moved to Florida. In that case, Florida will recognize your marriage as legally valid.
For your common law marriage to be recognized, you must prove that you met all the legal requirements of the state where it was established. For example, suppose you lived in Colorado and met its criteria for a common law marriage (holding yourselves out as married and intending to be married). In that case, you are still considered married when you move to Florida.
If your relationship ends or one partner passes away, you will have the same rights and responsibilities as any other legally married couple in Florida. This includes rights related to divorce proceedings (like property division and alimony) and inheritance.
What to Do If You're an Unmarried Couple in Florida
Since you cannot form a common law marriage in Florida, long-term partners must take legal steps to protect themselves and their assets. Without the automatic protections of marriage, you are vulnerable if the relationship ends or one partner becomes incapacitated or passes away.
Consider creating the following legal documents with the help of an attorney:
- Cohabitation Agreement: This is a legal contract that outlines how you will handle finances, property, and debts during your relationship and in the event of a breakup. It can specify who owns what and how shared assets will be divided.
- Wills and Trusts: Without a will, your partner will not automatically inherit your property. A will allows you to designate who receives your assets. A trust can offer more control over how and when your assets are distributed.
- Durable Power of Attorney: This document allows you to appoint your partner to make financial decisions on your behalf if you become unable to do so yourself.
- Healthcare Surrogate Designation: This allows you to name a partner as the person to make medical decisions on your behalf if you are incapacitated.
These documents can provide many of the same protections that a legal marriage offers, ensuring your wishes are respected and your partner is cared for.
Your Next Steps
Florida law is clear: new common law marriages are not permitted within the state. The only exception is for couples who have established a valid common-law marriage in another state before moving here.
For unmarried couples in long-term relationships, this legal reality underscores the importance of being proactive. Waiting for a crisis to happen is not a strategy. Creating legal agreements, such as a cohabitation agreement and powers of attorney, allows you to define the terms of your relationship and secure your future. Consulting with a qualified family law attorney can help you navigate your options and create a plan that provides peace of mind for both you and your partner.