In the intricate world of family law, one question that often arises is whether common-law marriages exist in Florida. Common-law marriage, a union where a couple is considered legally married without a formal ceremony, exists in many states, but Florida takes a different stance. If you’re wondering whether common-law marriages are recognized in Florida, you’re in the right place.
Whether you’ve been in a long-term relationship, are considering moving to Florida, or are simply curious about the legal implications, it’s essential to understand how Florida treats common-law marriages. In this article, we’ll cover everything you need to know about common-law marriage in Florida, from how the state recognizes such unions to the legal rights that come with it—or lack thereof. Additionally, we’ll explore how Florida treats common-law marriages that were established in other states.
By the end of this guide, you’ll have a clear understanding of your legal standing and the best steps to take in ensuring your rights are protected, whether you’re in a formal marriage or a long-term relationship.
Does FL have Common Law Marriage?
No, Florida does not recognize common-law marriages that are formed within the state. Florida abolished common-law marriages in 1968. However, Florida does recognize common-law marriages that were legally established in other states where such marriages are valid, such as Colorado or Iowa. Therefore, if you were in a common-law marriage in one of these states and later moved to Florida, your marriage will be legally recognized.
Defining Common-Law Marriage and Its Criteria
Before diving into Florida’s specific approach, it’s crucial to define what common-law marriage entails. Unlike a formal marriage, common-law marriage doesn’t require a ceremony or a marriage license. Instead, it is typically recognized when a couple:
- Lives together for a specific period of time.
- Holds themselves out to others as a married couple (e.g., using the same last name, referring to each other as spouses).
- Demonstrates an intent to be married.
The length of time a couple must live together varies by state, but in general, a couple must meet these criteria to establish a common-law marriage where it is recognized. Common-law marriages are still recognized in some states, including Texas and Colorado, while others, like Florida, do not permit them.
Florida’s Legal Stance on Common-Law Marriage
Florida does not recognize common-law marriages established within the state. As of January 1, 1968, Florida abolished the practice, meaning couples in Florida cannot form a common-law marriage. For a long time, Florida allowed common-law marriages, but it ended the practice in 1968, establishing that only formal marriages, with a license and ceremony, are legally recognized.
However, Florida does recognize common-law marriages that were legally established in other states where common-law marriages are valid. If you lived in a state that recognizes such unions—like Colorado or Iowa—and were legally married under common law there, Florida will treat that marriage as valid.
If you have any legal concerns surrounding a relationship in Florida, particularly in the event of a breakup or accident, consulting a Florida accident lawyers firm could help ensure you understand your rights regarding property division, support, and other legal implications.
Rights and Legal Implications for Cohabiting Couples in Florida
Unmarried couples living together in Florida, without the benefits of common-law marriage, do not automatically receive the same legal protections as married couples. Some of the key legal implications of this are:
- Inheritance Rights: If one partner dies without a will (intestate), the surviving partner does not automatically inherit any property. Only legally married spouses are granted automatic inheritance rights under Florida law.
- Spousal Support: Without formal marriage, couples cannot claim spousal support (alimony) in the event of separation. This can be a significant financial concern for one partner after a long-term cohabitation.
- Property Division: In the case of a breakup, property division becomes more complicated for unmarried couples. Unlike legally married couples, who can seek equitable division of assets through divorce, unmarried couples must rely on contracts or agreements to determine how property and finances are divided.
Understanding these issues is critical for unmarried couples to navigate Florida’s legal landscape. Without legal recognition, unmarried couples must take additional steps, like creating a will or a cohabitation agreement, to protect their rights.
The Recognition of Out-of-State Common-Law Marriages in Florida
Though Florida does not recognize common-law marriages within its jurisdiction, it does recognize valid common-law marriages from other states. This recognition is rooted in the Full Faith and Credit Clause of the United States Constitution, which mandates that states honor the laws and judicial decisions of other states.
For example, if a couple formed a common-law marriage in Colorado, where such marriages are legally recognized, Florida will treat that marriage as valid. This recognition applies regardless of Florida’s stance on common-law marriages within its own borders.
If you are in a common-law marriage formed in a state that recognizes such unions, and you move to Florida, your legal status as a married couple will remain intact. This allows couples to retain critical legal rights, such as inheritance and property division, even after relocating to Florida.
Legal Solutions for Unmarried Couples in Florida to Secure Legal Rights
Although Florida doesn’t recognize common-law marriage, unmarried couples can still take steps to protect their legal rights. Some essential measures include:
- Domestic Partnership Agreements: In some Florida counties, domestic partnerships are legally recognized and offer limited rights such as healthcare and inheritance benefits. This is not the same as marriage but can offer certain protections.
- Cohabitation Agreements: A cohabitation agreement can outline property ownership, financial responsibilities, and other key rights in the event of a breakup.
- Wills and Trusts: Creating a legal will or trust can ensure that a partner has inheritance rights. Since unmarried partners do not have automatic inheritance rights under Florida law, a will is crucial to protect assets and ensure the surviving partner is taken care of.
- Power of Attorney: For healthcare decisions and financial matters, having a power of attorney in place ensures that one partner can make decisions for the other if needed.
Unmarried couples in Florida can secure legal protections by proactively drafting legal documents to mirror some of the rights married couples automatically receive.
Conclusion
Florida does not recognize common-law marriages formed within the state, but it does recognize those legally established in other states where common-law unions are valid. For unmarried couples living in Florida, this means that while their relationship may not automatically confer legal rights, they can still take steps—such as creating cohabitation agreements and wills—to protect their interests. Understanding Florida’s legal stance on common-law marriage is essential for safeguarding your rights, whether you are in a long-term relationship or newly navigating the legal landscape.
FAQ’s
What is the difference between common-law marriage and formal marriage?
A common-law marriage does not require a marriage license or ceremony. It’s based on living together and presenting yourselves as a married couple, while a formal marriage involves a legal ceremony and license.
Can unmarried couples in Florida have the same legal rights as married couples?
No, unmarried couples do not have the same automatic legal rights. They must create legal documents, such as wills or cohabitation agreements, to secure their rights.
How does Florida handle common-law marriages from other states?
Florida recognizes common-law marriages that were legally formed in other states that allow them. These marriages retain legal validity in Florida under the Full Faith and Credit Clause.
What happens to property rights for unmarried couples in Florida?
Unmarried couples in Florida do not have the same property rights as married couples. Property division upon separation can be complicated and may require legal agreements.
Can I get spousal support in Florida if I am not married?
No, unmarried couples are not entitled to spousal support in Florida. Legal contracts or agreements can help outline financial responsibilities, but do not provide the same protections as marriage.
William Gall is a seasoned attorney specializing in civil litigation and family law. With a legal career spanning over two decades, William has built a reputation for his meticulous attention to detail and his unwavering commitment to justice. In addition to practicing law, he is a prolific writer, contributing regularly to various legal blogs where he shares his insights on current legal trends, case law, and best practices. His articles are well-regarded in the legal community for their thorough research and practical advice, making complex legal concepts accessible to both legal professionals and the general public.