Cecily Zamora
Common law marriage is a centuries-old legal concept that allows couples to be recognized as married without a marriage license or ceremony. While some U.S. states still recognize common-law marriages, Florida statute §741.211 deems any common-law marriage entered into after 1967 as void. However, Florida does recognize common-law marriages that were established in other states, provided they are legally valid in those states. Couples in a common-law marriage recognized by another state and now living in Florida will have the same rights as a legally married couple, but they must file for divorce in the state where they were married if they wish to terminate their union.
| Characteristics | Values |
|---|---|
| Common law marriage recognized in Florida? | No, since 1968 |
| Common law marriage in other states recognized in Florida? | Yes |
| Common law marriage termination in Florida? | No, couples need to file for divorce in the state they were married |
| Legal rights of couples in common law marriage in Florida? | No automatic inheritance, complex medical decision-making, no alimony, child custody based on the child's best interests |
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What You'll Learn
Common law marriage is not recognised in Florida
Common-law marriage is a type of union where a couple lives together for a significant period and holds themselves out as married without obtaining a marriage license or having a formal marriage ceremony. While some states recognize common-law marriages, Florida is not one of them.
Florida Statute §741.211 makes common-law marriages entered into after January 1, 1968, void and invalid in the state. This means that simply living together, regardless of the duration, does not constitute a legal marriage in Florida. Couples who wish to be recognized as married in Florida must obtain a marriage license and, if desired, participate in a formal marriage ceremony.
It is important to note that Florida does recognize common-law marriages that were established in other states before the couple moved to Florida. In such cases, Florida considers the couple legally married, and they would need to go through the formal divorce process to terminate their marriage. Additionally, couples who entered into common-law marriages before January 1, 1968, are still considered married under Florida law and continue to enjoy the rights of legally married couples.
For unmarried couples in Florida, the division of property, spousal support, and inheritance rights can become complex. Without legal marriage or other formal agreements, partners may find themselves without certain legal protections and recourse. To address this, unmarried couples in Florida can utilize legal tools such as cohabitation agreements, wills, powers of attorney, and healthcare surrogate designations to outline their wishes and protect their rights.
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Common law marriages from other states are recognised
Common-law marriages in Florida do not exist. Florida does not recognise couples as having entered into a marriage agreement after seven years—or any other length of time—of living together, even if the couple has otherwise developed the habits of and reputation as a married couple.
However, Florida does recognise common-law marriages that were established in other states. This is due to the Full Faith and Credit Clause of the U.S. Constitution, which requires states to respect the "public acts, records, and judicial proceedings" of every other state. So, if you have a valid common-law marriage recognised by states like Colorado or Texas, Florida considers you legally married. As a result, you may have the right to pursue some spousal rights, including health insurance or inheritance rights.
To have an out-of-state common-law marriage recognised in Florida, a couple must meet specific criteria. They must provide evidence of cohabitation, intention to be married, and presentation as a married couple in a state where common-law marriage is legally recognised. Additionally, they must demonstrate consistency in their marital status claims across various contexts, such as tax filings, insurance documents, and other official forms.
It is important to note that Florida does not provide a process for terminating a common-law marriage created under another state's laws. If you want to terminate such a marriage, you need to file for divorce in the state in which you were married.
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Common law couples in Florida face legal complexities
Common-law marriages are not recognised in Florida, and have not been since 1968. However, if a couple has entered into a common-law marriage in a state where it is recognised, Florida will recognise their union as a legal marriage. This means that if a couple wishes to terminate their common-law marriage, they must file for divorce in Florida.
For couples who are cohabiting in Florida without being legally married, they do not have the same rights as those who are married. For example, they do not have the right to inherit property from their partner's estate, nor do they have the right to make healthcare decisions for each other. They also cannot claim spousal support or alimony. However, it is possible for cohabiting couples to execute legal documents to give each other these rights.
Cohabiting couples in Florida do not need to go through a formal divorce process to end their relationship. However, they may still need legal assistance to resolve issues such as property disputes or child custody arrangements.
In summary, while common-law marriages are not recognised in Florida, the state does recognise such marriages formed in other states. Cohabiting couples in Florida who are not married face legal complexities regarding inheritance, healthcare decisions, spousal support, and property disputes. It is important for these couples to seek legal advice to understand their rights and protect themselves.
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Common law couples can protect rights with legal agreements
Common-law marriage, also known as non-ceremonial marriage, is a marriage that occurs without a marriage license or ceremony. Instead, it is an agreement between two people to consider themselves married, followed by cohabitation. While common-law marriages are not recognized in Florida, the state does recognize common-law marriages that are valid in other states. This means that if a couple entered into a common-law marriage in another state, Florida will recognize their union and grant them the same rights as legally married couples.
For couples who live together without being legally married in Florida, they do not enjoy the same legal rights as married spouses. These include the right to inherit property from a spouse's estate, make healthcare decisions, and undergo a formal divorce proceeding. However, unmarried couples in Florida can take steps to protect their rights through legal agreements.
One way to do this is by executing estate documents that allow them to inherit from each other. They can also execute medical directives and healthcare powers of attorney, giving each other the right to make medical decisions. Additionally, unmarried couples can create cohabitation agreements, legally binding documents that outline how finances and property will be managed and divided during and after the relationship. This can include how bills are paid, ownership of assets, and what happens in the event of a separation.
Cohabitation agreements provide clarity and certainty for unmarried couples, ensuring that their rights and finances are protected. While these agreements cannot replicate all the legal protections of marriage, they can help unmarried couples in Florida secure their relationship and plan for the future. It is important to consult with legal professionals to understand the specific laws and options available to protect one's rights.
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Common law couples may face issues with inheritance
Common-law marriages are not recognized in Florida, and any common-law marriage entered into after 1967 is invalid in the state. However, if a couple had a valid common-law marriage in a state that recognizes it, Florida will recognize their union as a legal marriage. In such cases, common-law couples have the same rights as legally married couples in Florida, including the right to inherit property from each other's estates.
Florida inheritance law, also known as "Surviving Spouse Law," provides valuable property rights to widows and widowers, including rights to bank accounts, brokerage accounts, family residences, retirement accounts, personal property, and cash. These rights are designed to protect the surviving spouse, who is considered a crucial part of the deceased's family.
However, common-law couples may face issues with inheritance if their union is not recognized in Florida or the state where they originally established their common-law marriage. In such cases, they may need to take additional steps to ensure they can inherit from each other's estates. For example, they may need to execute estate documents that explicitly grant each other inheritance rights.
Additionally, common-law couples should be aware that Florida law treats inheritances separately from marital property. To prevent an inheritance from becoming marital property subject to equitable distribution during a divorce, it is crucial to keep it separate from joint accounts and investments and not use it for common expenses or improvements on shared assets. Prenuptial and postnuptial agreements can also help ensure that an inheritance remains separate property.
In conclusion, while common-law couples may face some legal complexities regarding inheritance in Florida, careful estate planning and legal documentation can help ensure their rights and protect their assets.
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Frequently asked questions
No, common law marriage is not recognised in Florida. Florida Statutes 741.211 and 741.212 state that common-law marriages are not valid if established in Florida post-1967.
Yes, if a couple has established a common-law marriage in another state where it is recognised, and then moved to Florida, the state will recognise their marital status.
Couples in a common-law relationship in Florida may face unique legal challenges. For example, if one partner passes away without a will, the surviving partner may not automatically inherit the deceased partner's property. Additionally, couples in a common-law relationship may face challenges when it comes to making medical decisions for one another.
