When it comes to the topic of common law marriage in Florida, there’s a considerable amount of confusion, misinformation, and outdated beliefs circulating online and in conversation. Many people assume that simply living together for a certain period qualifies them as legally married, while others think Florida recognizes such unions like some other states do. In this article, we aim to set the record straight and debunk the most common myths, presenting the legal facts you need to know.
Florida law takes a very specific stance on common law marriages, and understanding it can prevent legal pitfalls in matters like inheritance, property rights, and custody. This guide provides detailed insights, up-to-date information, and answers to frequently asked questions to help you fully understand your rights and responsibilities in the Sunshine State. For more legal context, you can explore common law marriage florida to deepen your understanding.
What is a Common Law Marriage?
A common law marriage is a legally recognized union that occurs without a marriage license or formal ceremony. Typically, the couple must live together for a significant period, present themselves publicly as a married couple, and intend to be married.
In states where common law marriages are recognized, such unions are treated similarly to traditional marriages, offering the same legal rights and responsibilities regarding property, taxes, inheritance, and spousal support.
Does Florida Recognize Common Law Marriage?
Florida does not recognize common law marriages that are established within the state. This has been the case since January 1, 1968, when Florida passed a law officially abolishing the recognition of new common law marriages.
However, there is an important exception: if a couple entered into a valid common law marriage in a state that recognizes such unions before moving to Florida, Florida will honor that marriage under the Full Faith and Credit Clause of the U.S. Constitution. The relationship must meet all the legal requirements of a valid common law marriage in the state where it originated.
Myth #1: Living Together for 7 Years Means You’re Married
This is one of the most pervasive myths. There is no legal time requirement—seven years, ten years, or any number—that automatically grants marital rights in Florida. Cohabitation alone does not equal marriage in the eyes of Florida law.
Myth #2: Filing Taxes Together Means You’re Legally Married
Filing joint taxes does not establish a common law marriage in Florida. While it may be a way to present yourselves as a couple, it does not substitute for the legal prerequisites for marriage. In fact, misrepresenting your marital status on tax forms can lead to legal consequences.
Myth #3: Sharing Property or Having Children Creates a Common Law Marriage
Many couples mistakenly believe that owning a home together or raising children qualifies them for marital recognition under common law. Florida law does not factor in shared assets or parenting as a basis for marriage. Legal marriage requires a state-issued license and formal solemnization.
What Legal Protections Do Unmarried Couples Have in Florida?
Though common law marriage is not recognized, unmarried couples still have options to secure legal rights:
- Cohabitation Agreements: Couples can draft a legal contract outlining how finances, property, and responsibilities are handled during the relationship and in case of a separation.
- Healthcare Directives and Powers of Attorney: These documents allow a partner to make medical or financial decisions if the other becomes incapacitated.
- Wills and Estate Planning: Without a will, an unmarried partner will not inherit automatically under Florida intestacy laws. Estate planning is essential to protect a partner’s rights.
How to Protect Your Relationship Legally Without Marriage
To avoid the uncertainties of an unrecognized union, we recommend:
- Drafting a Cohabitation Agreement detailing shared expenses and property rights.
- Executing Durable Powers of Attorney and Health Care Surrogates to enable decision-making in emergencies.
- Creating a Last Will and Testament to ensure asset distribution according to your wishes.
- Establishing Parental Rights through legal means such as paternity acknowledgment or court orders.
These steps provide some of the legal security that married couples take for granted.
Recognition of Out-of-State Common Law Marriages in Florida
If your common law marriage was validly established in another state before moving to Florida, the state will recognize your union. States like Colorado, Iowa, Kansas, Montana, South Carolina, Texas, and Utah still allow common law marriage under certain conditions.
For recognition in Florida:
- You must have met all requirements in the originating state.
- The relationship must be established before moving to Florida.
- You may need to prove your marriage in court for certain rights, so maintaining documentation like joint leases, shared bank accounts, and affidavits can help.
For more detailed legal information, you can review the topic of common law marriage florida with professional guidance.
Conclusion
While the idea of common law marriage in Florida remains common in conversation, the legal reality is very different. Florida does not recognize new common law marriages, and couples living together without a marriage license do not enjoy the same rights as married spouses. However, proactive legal planning can provide unmarried couples with essential protections.
If you have questions about your relationship’s legal status or need help drafting agreements and planning for the future, Dewitt Law is one of the best places for legal assistance in Florida. Our team understands the intricacies of family law and can help you navigate your unique situation with confidence and care.
FAQs About Common Law Marriage in Florida
Q: How long do you have to live together to be considered common law married in Florida?
A: Florida does not recognize common law marriages, regardless of how long a couple lives together.
Q: Can I inherit from my partner if we’re not legally married in Florida?
A: No, unless your partner names you in a will or trust, you do not have automatic inheritance rights.
Q: Are there any states where common law marriage is still legal?
A: Yes. States like Texas, Colorado, and Iowa recognize common law marriages under specific conditions.
Q: What legal rights do I have if my partner and I separate?
A: Without a formal marriage or legal agreements in place, you may not have rights to property or spousal support. Legal documents can help safeguard your interests.
Q: Will Florida recognize my common law marriage from another state?
A: Yes, if the marriage was legally established in a state that recognizes common law marriage, Florida will honor it.
