What You Need to Know in Florida

When people think of marriage, they often picture a formal ceremony with vows, witnesses, and a signed marriage certificate. However, not all marital relationships begin this way. Common law marriage, a legal concept where a couple is considered married without a formal ceremony or license, has been recognized in various states. But what about Florida? Here’s what you need to know about common law marriage in the Sunshine State.

Does Florida Recognize Common Law Marriage?

Florida does not currently recognize common law marriages formed within the state. In 1968, Florida abolished common law marriage under Florida Statutes §741.211. This means that couples cannot create a valid common law marriage in Florida simply by cohabiting and presenting themselves as married.

However, there is an important exception: common law marriages formed in states where they are legally recognized will still be valid in Florida. For example, if a couple establishes a common law marriage in a state like Texas or Colorado, where it is permitted, and then moves to Florida, their marriage will be recognized under the principle of “full faith and credit.”

How Does Common Law Marriage Work in States That Recognize It?

In states that still allow common law marriage, couples must typically meet the following criteria:

1. Live Together for a Significant Period – While there is no universal timeframe, the relationship should resemble a traditional marriage.
2. Intend to Be Married – Both partners must consider themselves married and agree to the marital relationship.
3. Hold Themselves Out as Married – This might include introducing each other as spouses, sharing a last name, or filing joint taxes.

What Are the Alternatives for Unmarried Couples in Florida?

For couples living together in Florida without formalizing their relationship, here are a few legal alternatives to consider:

1. Cohabitation Agreements
   A cohabitation agreement is a legal contract that outlines each partner’s rights and responsibilities. It can address property ownership, financial arrangements, and other key issues to protect both parties.
2. Estate Planning
   Without legal marriage, partners do not have automatic inheritance rights. Creating a will, trust, or power of attorney can help ensure that your partner is cared for in the event of illness or death.
3. Domestic Partnership Registries
   Some cities and counties in Florida offer domestic partnership registries that provide certain legal protections, such as hospital visitation rights.

Why Understanding Common Law Marriage Is Important

While Florida doesn’t allow common law marriages to be created within the state, the concept remains relevant for couples who may have moved here from other jurisdictions. Failing to understand the legal implications can lead to confusion, particularly in cases involving property division, inheritance, or spousal rights.

If you’re unsure about your marital status or need help protecting your rights as an unmarried partner, consulting with a family law attorney can provide clarity and guidance tailored to your unique situation.

Conclusion

Understanding the laws surrounding common law marriage is crucial for couples in Florida. Whether you’re planning to move from a state that recognizes common law marriage or you’re exploring legal protections for your relationship, staying informed is the first step. For personalized advice, reach out to an experienced family law attorney to ensure your rights and interests are safeguarded.

Ty Zdravko practices law as a divorce attorney, and family law attorney in Palm Harbor, Clearwater and the surrounding area.

For more information, visit our website at www.divorceboardcertified.com
or call (727) 787-5919.