Cecily Zamora
Florida does not recognise common-law marriages for relationships established within the state. However, it does recognise common-law marriages established in other states where such unions are legal. Florida abolished new common-law marriages after 1968, but there are a few exceptions to the general rule. For instance, if a couple meets all the requirements for a legal common-law marriage in a jurisdiction that recognises such marriages, Florida will consider it valid. Additionally, some cities and counties in Florida allow couples to register their domestic partnership, which provides legal recognition and certain rights.
| Characteristics | Values |
|---|---|
| Common law marriage recognized in Florida? | No, common law marriage is not recognized in Florida, except for those established before 1 January 1968. |
| Alternatives to common law marriage in Florida | Domestic partnerships, cohabitation agreements, and other legal frameworks that offer similar rights to married couples. |
| Requirements for marriage in Florida | Both parties must be 18 or older (or 17 with parental permission if the older person is no more than 2 years older), submit their social security numbers to the clerk of court, and take a premarital course. |
| Legal recognition of unmarried couples in Florida | Unmarried couples can register their domestic partnership or create a cohabitation agreement to formalize their relationship and secure certain legal protections. |
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What You'll Learn
Common-law marriages in Florida were abolished after 1968
Common-law marriages are marriages that become legal after a couple lives together as husband and wife for a long time. While Florida no longer recognises new common-law marriages, it does recognise common-law marriages established in other states where such unions are legal. For example, if a couple was in a common-law marriage in another state before moving to Florida, that marriage would still be recognised in Florida.
In 2016, Florida repealed the law that made it illegal for unwed couples to live together. This change allowed unmarried couples to live together without facing legal consequences. However, without a valid marriage certificate, couples in Florida are still considered "legal strangers," and they do not have the same rights and protections as legally married spouses.
To address this, Florida offers alternatives for couples seeking legal recognition without traditional marriage. Domestic partnerships and cohabitation agreements are options for unmarried couples to establish legal recognition of their relationship and secure certain rights. These agreements allow couples to formalise aspects of their relationship, such as sharing assets, making healthcare decisions, and managing their shared lives.
It is important to note that even with these alternatives, unmarried couples in Florida may not have the same protections as married couples in areas such as inheritance, property rights, and other legal benefits typically afforded to married couples. Seeking legal advice from an experienced attorney is recommended for couples who want to understand their rights and explore options for protecting their relationship and interests.
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Florida does not recognise common-law marriages
Florida does not recognize common-law marriages. Since 1968, no new common-law marriages have been recognized in the state. This means that, even if a couple has lived together for a long time and holds themselves out as married to their community, Florida will not consider them married unless they have a valid marriage certificate.
This has important implications for cohabiting couples in Florida. Without a legal marriage, couples lose out on many important benefits, such as paying less in taxes, having access to spousal support in the event of a split, and inheritance rights. For example, inheritance rights go first to the spouse, then children, parents, siblings, and so on. Without an official marriage, each partner in a common-law marriage relinquishes these rights.
Additionally, cohabiting couples in Florida do not have the same rights as married couples when it comes to property. If the couple is not married, and one partner is not listed on the deed of their house, that partner could be kicked out after the other passes away, unless there is a formal will in place.
Florida also does not assume the father to be the biological parent in cases where the couple is not married, which can complicate issues such as timesharing and parental responsibility.
There are alternatives to common-law marriage in Florida. Domestic partnership agreements allow couples to outline the terms of their relationship, including property division and financial support. Some Florida jurisdictions offer domestic partnership registries that confer rights such as hospital visitation and healthcare decision-making. Cohabitation agreements can also help protect personal property and make a partner legally responsible for healthcare decisions if the other becomes incapacitated.
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Common-law marriages are recognised in other states
Common-law marriages are not recognized in Florida. However, Florida courts may recognize common-law marriages that were entered into before January 1, 1968, as valid. If a couple wants to end a common-law marriage that is recognized as legally valid by another state, they must initiate termination proceedings in that state.
Common-law marriages are recognized in a handful of other states, including Colorado, Iowa, Kansas, Montana, Rhode Island, Oklahoma, Texas, and the District of Columbia. Utah, South Carolina, and New Hampshire have limited recognition of common-law marriage. These states consider common-law marriages valid if certain requirements are met, such as the duration of cohabitation and holding themselves out as a married couple.
Some states, like Alabama, Florida, Georgia, Idaho, Indiana, Ohio, and Pennsylvania, have abolished common-law marriages but still recognize them if they began before a certain date or for a specific purpose. For example, in Alabama and Florida, common-law marriages entered into before January 1, 1968, are still recognized.
The recognition of common-law marriages varies across the United States, and it is important to refer to the specific laws and requirements of each state. While some states have fully embraced this form of marriage, others have limited recognition or do not recognize it at all. It is always advisable to consult with a legal professional to understand the specific laws and requirements in each state.
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Unmarried couples in Florida can register for a domestic partnership
Common-law marriages are not recognised in Florida. Under Section 741.211, Florida Statutes, common-law marriages are not valid unless they took place before 1 January 1968.
Florida does not recognise domestic partnerships at the state level either. However, some local governments, including cities and counties, have established domestic partnership registries that provide limited rights for registered partners. These include Palm Beach, Volusia, Broward, Orange, Pinellas, Miami-Dade, Leon, Monroe, and Sarasota counties.
In areas where local domestic partnership registries exist, registered couples may receive certain benefits. However, these rights vary depending on the jurisdiction and do not grant the full legal protections that come with marriage.
Domestic partnerships offer a way for unmarried couples to secure legal benefits similar to those of married spouses. Unmarried couples in Florida must take legal steps to secure their financial, medical, and property rights. A cohabitation agreement is a legally binding contract that outlines how assets and debts will be divided if the relationship ends, financial responsibilities during the relationship, and property ownership rights.
For unmarried couples with children, legal steps must be taken to establish parental rights. These include filing a paternity action to secure legal recognition of a biological father, establishing a parenting plan to outline custody, time-sharing, and child support obligations, and obtaining a second-parent adoption if one partner is not the biological parent but wishes to have legal parental rights.
A domestic partnership agreement (DPA) is a contract between two unmarried people who do not intend to marry each other. It expresses a couple's property and support rights during the course of their relationship or when it ends. The benefits of having a DPA include documenting the couple's desire to be in a committed and equal partnership, creating certainty regarding the disposition of property, clarifying each person's duties and rights during and after the relationship, reducing the chance of a dispute, and allowing the couple to choose ways to resolve disputes other than litigation.
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Common-law marriages can be valid under certain circumstances
Common-law marriages are no longer recognised in Florida. However, there are certain circumstances under which common-law marriages can be considered valid in the state.
Firstly, if a couple entered into a common-law marriage before 1 January 1968, their union will be recognised in Florida. This is because, in 2016, the Florida state legislature enacted the following law: "Common-law marriages void.—No common-law marriage entered into after January 1, 1968, shall be valid".
Secondly, Florida will recognise a common-law marriage if it is valid in another state. This means that if a couple moved to Florida from a state that recognises their common-law marriage, their union will be recognised in Florida too.
Thirdly, while not a common-law marriage, Florida does offer domestic partnerships or cohabitation agreements for unmarried couples. This is a way for couples to formalise their relationship and enjoy rights similar to those of married couples. This includes sharing assets and making healthcare decisions.
It is important to note that, in general, common-law marriages are not valid in Florida unless they meet one of the exceptions outlined above. Unmarried couples in Florida do not have the same legal rights as married couples, and they may miss out on important benefits such as tax deductions, veteran's benefits, and spousal support in the event of a split.
If you are seeking clarity on the status of your relationship or need guidance on family law matters, it is recommended to consult an experienced family law attorney in Florida.
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Frequently asked questions
No, Florida does not recognize common-law marriages for relationships established within the state.
Florida abolished new common-law marriages after 1968.
Yes, Florida will recognize common-law marriages from other states as long as they were established before moving to Florida.
Couples in Florida can establish a legally recognized relationship through a domestic partnership or cohabitation agreement, which provides some rights similar to those of married couples.
Without legal recognition, unmarried couples in Florida are considered legal strangers, losing out on benefits such as tax deductions, spousal support, and inheritance rights.
