Many couples in Florida live together for years. They split bills, raise children, and call each other husband and wife. But they never get legally married. This leads to one big question: does living together mean you’re legally married in Florida?
The idea of common law marriage adds more confusion. Some think a long-term relationship brings legal rights. That belief often leads to surprises. Here’s what Florida law really says and why couples without a marriage license need to know the facts.
What Is Common Law Marriage?
Common law marriage happens when two people live together and act like they’re married. They may share money, use the same last name, or file taxes as a couple. In some states, this can create a legal marriage.
But Florida does not follow this rule.
Florida’s Position on Common Law Marriage
Florida stopped recognizing new common law marriages after January 1, 1968. If your relationship began in Florida after that date, the state does not see you as married. Time together does not change that. A legal marriage requires a license.
You might share a home, raise children, and refer to each other as spouses. But the law won’t grant you the same rights unless you have formal paperwork.
What If the Marriage Began in Another State?
Florida will honor a common law marriage if it was legally formed in another state. States like Texas, Colorado, Kansas, Iowa, Montana, and Washington, D.C. still allow these marriages.
If your common law marriage meets the rules of the state where it began, Florida will recognize it. You’ll have the same legal status as any other married couple.
Why the Distinction Matters
Legal marriage comes with rights that unmarried couples do not have. These include:
- The right to inherit without a will
- The legal right to manage your partner’s healthcare decisions
- The right to ask for spousal support after a breakup
- Rights to divide shared property
If you aren’t legally married in Florida, the law may treat you like strangers. This can cause problems during emergencies or after a death.
Legal Options for Unmarried Couples in Florida
You still have options to protect your relationship if you are not married:
Cohabitation Agreement
This is a contract that lists each person’s rights and duties. It can explain who owns what, who pays for what, and what happens if you break up. It helps prevent legal disputes.
Domestic Partnership Registries
Some Florida cities and counties have domestic partnership programs. These can give limited rights like hospital visits, health care decisions, and funeral planning.
These steps do not replace marriage but can offer some protection.
Final Thoughts
Common law marriage does not exist in Florida unless it started in a state that still allows it. If you live together in Florida, the law will not treat you as married unless you follow the legal steps.
Every relationship is different, but the law is clear. To protect yourself and your partner, talk to a family law attorney. Consider creating a cohabitation agreement or registering your partnership.
Love matters. In Florida, so does the paperwork.
Disclaimer: This content is for general information only and does not provide legal advice. Speak with a licensed Florida attorney to get guidance specific to your situation.
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