Keith Mack
Florida has not recognized new common-law marriages since 1968, and same-sex marriage has been legal in the state since 2015. While Florida does not recognize civil unions, some cities and counties in the state allow domestic partnerships, which can provide certain legal rights and benefits to couples. These rights may include healthcare decision-making, health insurance, and visitation rights. However, the specific benefits vary depending on the program and the county or city in which the domestic partnership is registered.
| Characteristics | Values |
|---|---|
| Common law marriage recognized? | No, not since 1968. |
| Common law marriages before 1968 recognized? | Yes. |
| Common law marriages from other states recognized? | Yes. |
| Civil unions recognized? | No. |
| Domestic partnerships recognized? | No, but some cities and counties allow registration of domestic partnerships. |
| Same-sex marriage recognized? | Yes, since 2015. |
| Legal rights of domestic partners | Healthcare, health insurance, visitation rights, Social Security, income tax advantages. |
| Legal rights of married couples | Child support, parenting plans, alimony, equitable distribution of marital assets and liabilities, inheritance rights, property rights, lower taxes, access to spousal healthcare coverage, spousal support. |
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What You'll Learn
- Common-law marriages before 1968 are recognised in Florida
- Common-law marriages from other states are recognised in Florida
- Domestic partnerships are not recognised by Florida state law
- Some Florida counties recognise domestic partnerships
- Domestic partnerships do not offer the same protections as marriages
Common-law marriages before 1968 are recognised in Florida
Florida has not recognised new common-law marriages since 1968. However, common-law marriages that were established before 1968 are still recognised by the state. These marriages did award certain rights and privileges to those in the relationship. After 1968, this practice was abolished, limiting rights and privileges to marriages exclusively.
Since common-law marriages were abolished in 1968, couples cohabiting without a marriage license do not have automatic rights of inheritance or survivor benefits if their partner dies. They must have a valid will designating their partner as an heir for them to inherit anything. Otherwise, their deceased partner's family will inherit their estate.
Domestic partnerships are not legally recognised in Florida, although some cities and counties allow domestic partners to register their relationship. The benefits of doing so vary depending on the specific program and location. For example, registering a domestic partnership in Tampa will grant some of the same rights as a married couple when it comes to making healthcare decisions for an incapacitated spouse.
There are other ways for unmarried couples in Florida to protect their rights and outline their wishes. These include cohabitation agreements, wills, powers of attorney, and healthcare surrogate designations. Cohabitation agreements can specify terms similar to a prenuptial agreement, such as asset division and support arrangements.
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Common-law marriages from other states are recognised in Florida
Florida has not recognised new common-law marriages since 1 January 1968. However, common-law marriages established before this date are still considered valid in the state. Notably, Florida does recognise common-law marriages from other states. This is due to the Full Faith and Credit Clause, which requires Florida to honour out-of-state common-law marriages.
The recognition of out-of-state common-law marriages is particularly significant for couples who established their common-law marriage in a state that continues to recognise this form of union. Without this recognition, couples who move to Florida may find themselves without the legal rights and benefits associated with marriage. This could result in complications regarding property rights, healthcare decisions, and spousal support, among other issues.
To mitigate these risks, unmarried couples in Florida can take several legal steps to protect their rights and outline their wishes. For example, they can create a cohabitation agreement, which is similar to a prenuptial agreement and can specify terms related to asset division and support arrangements. Additionally, they can utilise legal tools such as wills, durable powers of attorney, and healthcare surrogate designations. These tools can help ensure that their partner has the appropriate legal standing and authority in the event of incapacity or death.
It is important to note that while Florida recognises out-of-state common-law marriages, the availability of specific legal protections and benefits may vary. Couples in this situation should consult with a family law attorney to understand their rights and explore options for securing their legal standing in Florida. Additionally, Florida does not have any statewide laws governing domestic partnerships, leaving the decision to recognise these unions to individual counties or cities within the state.
In conclusion, while Florida does not recognise new common-law marriages established within the state after 1968, it does recognise valid common-law marriages from other states. This recognition is essential for protecting the rights and benefits of couples who established their common-law marriage elsewhere and subsequently relocated to Florida. However, unmarried couples in Florida, regardless of their previous residency, should take proactive legal steps to safeguard their rights and ensure their wishes are honoured.
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Domestic partnerships are not recognised by Florida state law
Domestic partnerships are not recognized by Florida state law. However, some individual counties and cities in Florida do allow domestic partnerships. These include Palm Beach, Volusia, Broward, Orange, Pinellas, Miami-Dade, Leon, Monroe, and Sarasota counties. The benefits conferred by registering a domestic partnership vary depending on the specific program and the county in which the partnership is registered. For example, in Tampa, domestic partners are granted some of the same rights as married couples when it comes to making healthcare decisions for an incapacitated spouse. Additionally, registering as a domestic partnership may confer benefits when it comes to receiving federal benefits such as Social Security and Medicare.
Domestic partnerships are distinct from common-law marriages, which Florida abolished for new marriages after 1968. Common-law marriages refer to a union where a couple lives together and holds themselves out to the community as married without going through a formal marriage ceremony or obtaining a marriage license. While Florida no longer recognizes new common-law marriages, it continues to honor common-law marriages established before 1968.
The lack of recognition of domestic partnerships and common-law marriages in Florida can result in legal complications for unmarried couples, particularly regarding property rights, child support, and child custody disputes. To mitigate these issues, unmarried couples in Florida can take legal steps such as creating a will, establishing a cohabitation agreement, or obtaining powers of attorney for healthcare and financial matters. These measures can help protect the rights and interests of each partner in the event of incapacity, separation, or death.
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Some Florida counties recognise domestic partnerships
Florida does not have any statewide laws governing domestic partnerships or civil unions, leaving the decision to recognise them up to each county or city in the state. Before the 2015 Obergefell vs. Hodges Supreme Court decision, civil unions and domestic partnerships were the only ways same-sex couples could receive some of the benefits of heterosexual married couples.
Florida does not recognise common-law marriages. As of 1 January 1968, the state no longer recognises new common-law marriages. This means that while unmarried couples may live together and share a life, they are not afforded the legal rights and benefits of marriage without a legally recognised marriage certificate.
Some Florida counties do recognise domestic partnerships, enabling legal benefits for those couples. These include Palm Beach, Volusia, Broward, Orange, Pinellas, Miami-Dade, Leon, Monroe, and Sarasota. To end a domestic partnership in Broward County, Hillsborough County, or one of the other allowing counties, one partner must notify the County Clerk and Comptroller and file a Declaration of Termination of Domestic Partnership.
In counties that permit domestic partnerships, couples may complete a Domestic Partner Declaration Form and attach the required documentation to demonstrate proof of a mutual relationship and joint financial responsibility. Benefits of domestic partnerships in Florida include healthcare visitations and decisions, funeral and burial decisions, notification of family members, pre-need guardian designation for incapacitated partners, and visitation rights at county juvenile detention and correctional facilities.
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Domestic partnerships do not offer the same protections as marriages
Florida does not recognize common-law marriages or civil unions. While some counties in Florida recognize domestic partnerships, these do not offer the same protections as marriages.
Domestic partnerships are not as legally protected as marriages. Marriage is a legally recognized union between two people, and it establishes rights and obligations between the spouses and any children they may have. On the other hand, a domestic partnership is a relationship between two people who live together and share a domestic life but are not married.
In Florida, there is no statewide recognition of domestic partnerships. Only ten counties recognize domestic partnerships, and even in these counties, the benefits and protections are limited compared to marriages. For example, in counties that recognize domestic partnerships, child support and parenting plans may be easier to navigate. However, these issues are court-mandated for all parents of minor children, regardless of marital status.
Marriage, on the other hand, brings greater legal responsibility to both parties and any minor children. In the case of a divorce, there are many issues to consider, such as alimony, equitable distribution of assets and liabilities, and child custody disputes. These issues can be complicated in a domestic partnership, as the partners may be unable to negotiate child support, visitation rights, and other custody disputes.
Additionally, married couples often only need to provide a marriage certificate to prove their union, while domestic partners may need to fill out a Domestic Partnership Agreement to document their shared medical, financial, and property details.
Furthermore, while some jurisdictions may accord full health benefits to domestic partners, others may only provide a right of visitation. In contrast, marriage provides federal protections and benefits that may not be available to domestic partners.
Overall, while domestic partnerships can provide some legal protections, they do not offer the same comprehensive rights and obligations as marriages.
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Frequently asked questions
No, Florida does not recognize new common-law marriages after January 1, 1968. However, it still honors common-law marriages established before this date and those recognized in other states.
Domestic partnership agreements allow couples to outline the terms of their relationship, including property division, financial support, and other responsibilities. Some Florida cities and counties offer domestic partnership registries that confer certain rights, such as hospital visitation and healthcare decision-making.
The benefits of domestic partnerships vary depending on the specific county or city. For example, registering as domestic partners in Tampa can provide similar rights to married couples when it comes to making healthcare decisions. Domestic partnerships may also offer benefits such as health insurance, Social Security, and income tax advantages.
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