Is There Common Law Marriage in Florida?

 

If you’re in a long-term relationship in Florida and are unsure if you’re legally married, you’re not the only one. Many people think that living together for a while means you’re married by common law, but that’s not how it works in Florida.

This article clarifies whether Florida recognizes common law marriages, what exceptions exist, and what unmarried couples need to know to protect their legal rights.

What is Common Law Marriage?

Common law marriage is a legal framework that recognizes couples as married without requiring a formal ceremony or marriage license. In states that allow it, couples can be considered legally married if they:

• Live together for a significant period.
• Present themselves as a married couple to friends, family, and the community.
• Intend to be married.

Each state has its own rules. Some require all three conditions, while others have different requirements. If a common law marriage is recognized, couples get the same legal rights as those who have a traditional wedding, such as property rights, inheritance, and making medical decisions for each other.

Does Florida Recognize Common Law Marriage?

No, Florida does not recognize common law marriages established after January 1, 1968.

Before this date, Florida did allow common law marriages. But the state ended this practice more than 50 years ago. Now, no matter how long you live together in Florida, you are not legally married unless you get a marriage license and have a formal ceremony.

So, just living together, sharing money, or raising children does not make you legally married in Florida.

The Exception: Common Law Marriages from Other States

Florida does not allow new common law marriages, but it will recognize ones that were legally created in other states. This is due to a rule in the U.S. Constitution that says states must respect legal relationships from other places.

States That Still Recognize Common Law Marriage

As of 2024, the following states and jurisdictions recognize common law marriage:

• Colorado
• Iowa
• Kansas
• Montana
• New Hampshire (for inheritance purposes only)
• Oklahoma (if established before November 1, 2019)
• Rhode Island
• South Carolina
• Texas
• Utah
• Washington D.C.

If you had a valid common law marriage in one of these states before moving to Florida, Florida will recognize your marriage. You’ll have the same rights and responsibilities as couples who have had a traditional wedding. a Common Law Marriage from Another State

If you're claiming a common law marriage established in another state, you may need to provide evidence such as:

• Joint bank accounts or credit cards
• Shared leases or mortgage documents
• Tax returns filed jointly.
• Testimonies from friends and family
• Documents where you refer to each other as spouses

If you are claiming a common law marriage, you’ll usually need to prove it. That’s why it’s important to keep good records.

Why Florida Abolished Common Law Marriage

Florida got rid of common law marriage because it caused legal confusion. Without clear paperwork, people often disagreed about whether a marriage existed, especially in cases like:

• Property division after a breakup
• Inheritance claims
• Medical decision-making rights

By requiring formal marriages, Florida makes sure there is a clear record of who is married. This helps protect both people and prevents confusion or fraud.

Legal Rights for Unmarried Couples in Florida

Even though Florida does not recognize common law marriage, unmarried couples still have ways to protect their legal rights. Here are some steps you can take:

1. Cohabitation Agreements

A cohabitation agreement is a legally binding contract that outlines how property, finances, and other matters will be handled during and after the relationship. These agreements can cover:

• Division of shared property
• Financial responsibilities
• Support obligations if the relationship ends

A written agreement makes things clear and gives you legal protection if the relationship ends.

2. Joint Ownership of Property

Couples can buy property together and own it so that if one partner dies, the other automatically gets their share without having to go through probate.

3. Estate Planning Documents

Creating essential estate planning documents protects your partner's interests. Consider:

• Wills: Specify who inherits your property
• Powers of Attorney: Grant your partner authority to make financial or medical decisions on your behalf
• Healthcare Directives: Outline your medical wishes and designate your partner as your healthcare proxy

If you don’t have these documents, your partner might not be able to make decisions for you or inherit your property.

4. Beneficiary Designations

Make sure to update your life insurance, retirement accounts, and other financial accounts to name your partner as a beneficiary. This way, they get these assets directly and avoid probate.

5. Parental Rights Agreements

If you have children together,If you have children together, make sure you both have clear parental rights and responsibilities. Unmarried fathers should establish paternity to get custody and visitation rights. Both parents can make a parenting plan that covers custody and financial support. Common Law Marriage in Florida

Several myths persist about common law marriage in Florida. Let's clear them up:

Myth #1: Living together for seven years makes you legally married.
This is not true. No matter how long you live together, it will not make you legally married in Florida.

Myth #2: Using the same last name means you're married.
Having the same last name does not make you legally married. Anyone can change their name, but that does not give you marriage rights.

Myth #3: Filing taxes jointly makes you common law married.
You can only file taxes together if you are legally married. Doing so without being married could be considered tax fraud.

Myth #4: Having children together creates a legal marriage.
Parenthood and being married are two different things. Having children together does not mean you are married. You Break Up?

If you are not legally married, you do not have the same protections if you break up. Florida does not have rules like 'palimony,' which is financial support for unmarried partners.ty division depends on ownership:

• Separate Property: Belongs to whoever's name is on the title or deed.
• Joint Property: Divided according to each person's ownership percentage

If you contributed financially to property that is in your partner’s name, like paying the mortgage or making improvements, it can be hard to claim a share unless you have proof or a cohabitation agreement.

If you are in a long-term relationship in Florida and want to protect your legal rights, here are some things you can do:

1. Consult with a family law attorney: An experienced lawyer can help you draft cohabitation agreements and advise you on estate planning.
2. Create or update estate planning documents: Make sure your partner’s future is secure by setting up wills, powers of attorney, and healthcare directives.
3. Document financial contributions: Keep records of shared expenses, property improvements, and joint purchases.
4. Consider marriage: If you want all the legal protections and benefits, getting married might be the best choice.r Legal Status in Florida

Since Florida no longer allows common law marriage, just living together does not give you the legal protections of marriage. Florida will recognize common law marriages from other states, but if you live together here, you need to take steps to protect your rights.

Whether through cohabitation agreements, estate planning, oWhether you use a cohabitation agreement, estate planning, or decide to get married, knowing your legal options helps you and your partner be ready for the future. Don’t assume your relationship is protected; take steps now to secure your rights. Florida? | 2024 Guide