Kara Sears
A common-law marriage is an informal marriage where couples do not have a marriage license, ceremony, or certificate. In the United States, only a handful of states recognize common-law marriages, and Florida is not one of them for relationships formed after January 1, 1968. However, Florida will recognize common-law marriages from other states, as long as the couple met the requirements for a legal common-law marriage in their previous state.
| Characteristics | Values |
|---|---|
| Common law marriage recognized? | No, Florida statute §741.211 makes common-law marriages void in Florida. |
| Common law marriage recognized before 1968? | Yes, couples who were married under common law before January 1, 1968, are still considered married under Florida's laws. |
| Legal recognition of common-law marriage from another state | Yes, Florida will recognize common-law marriage from another state, as long as it is a valid common-law marriage from a state that recognizes such unions. |
| Legal rights and protections | Without the recognition of a common-law marriage, couples can miss out on certain legal rights and protections such as estate and inheritance rights, spousal support, and tax benefits. |
| Legal arrangements for unmarried couples | Unmarried couples can execute legal documents such as estate documents, medical directives, and healthcare powers of attorney to provide certain legal rights. |
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What You'll Learn
Florida's definition of common-law marriage
In Florida, a common-law marriage is typically defined as a couple living together for a certain period, presenting themselves as a married couple, and having the intention to be married. However, Florida statute §741.211 states that any common-law marriage entered into after 1967 is void, meaning that if a couple began their relationship after January 1, 1968, they are not considered legally married in Florida without a marriage license.
Despite Florida's clear stance on common-law marriages within the state, there are a few exceptions to the law. Firstly, Florida will recognise a common-law marriage that was established in another state before the couple moved to Florida. This recognition is due to the Full Faith and Credit Clause of the United States Constitution, which requires Florida to acknowledge the laws and judicial decisions of other states. Therefore, if a couple has a valid common-law marriage from a state that recognises such unions, Florida will also recognise their marriage.
Additionally, until 2016, couples who lived together without being married in Florida were technically breaking the law. Although this law was not enforced, it had been on the books for over 140 years and was repealed by Governor Rick Scott in 2016.
It is important to note that without a recognised marriage in Florida, couples may miss out on certain legal rights and protections, such as estate and inheritance rights, and spousal support upon separation. To mitigate these risks, unmarried couples in Florida can take steps to execute legal documents granting each other specific rights, such as estate documents for inheritance purposes and medical directives for making healthcare decisions.
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Legal recognition of common-law marriage in Florida
Florida statute §741.211 makes common-law marriages entered into after 1967 void. This means that if a couple began their relationship after January 1, 1968, they cannot be legally married in Florida without a marriage license, regardless of how long they have been together.
However, there are two exceptions to this rule. Firstly, Florida will recognize common-law marriages that were established in other states before the couple moved to Florida. This is due to the "'Full Faith and Credit Clause' of the United States Constitution, which requires Florida to acknowledge the laws and judicial decisions of other states. Secondly, common-law marriages that were established in Florida before January 1, 1968, are still considered valid and enjoy the same rights as other married couples in the state.
It is important to note that until 2016, it was technically illegal for unmarried couples to cohabitate in Florida, although this law was not enforced. Today, unmarried couples in Florida can take steps to execute legal documents that give them certain rights, such as estate documents that allow them to inherit from each other, and medical directives that give them the right to make medical decisions for each other.
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Rights and protections of common-law spouses in Florida
In Florida, common-law marriage is not recognised for couples who started cohabiting after 1 January 1968. This means that unmarried couples in Florida do not have legal spousal rights, regardless of how long they have lived together.
However, there are two exceptions to this rule. Firstly, if a couple has a valid common-law marriage from another state that recognises such unions, Florida will recognise that marriage. Secondly, couples who were married under common law before 1 January 1968 are still considered married under Florida's laws and continue to enjoy the rights of married couples.
Unmarried couples living together in Florida can take steps to protect their rights and interests. For example, they can enter into legally binding contracts, such as leases or purchase agreements. They can also execute estate documents that allow them to inherit from each other and medical directives that give them the right to make medical decisions for each other. Additionally, Florida only considers unmarried couples as joint property owners if both parties are officially named owners on the deed or title.
It is important to note that until 2016, couples who lived together without being married in Florida were technically breaking the law, although this was not enforced. Now, cohabiting without marriage does not constitute a marriage, but it also does not mean that the couple is breaking the law.
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Termination of a common-law marriage recognised in another state
Florida abolished new common-law marriages after 1967, making any common-law marriages entered into after 1 January 1968 invalid in the state. However, Florida does recognise common-law marriages that were valid in other states.
If you wish to terminate a common-law marriage recognised by another state, you must file for divorce in the state in which the marriage was formed. This is because Florida does not recognise common-law marriages as valid after 1967, and therefore does not provide a process for terminating a common-law marriage created under another state's laws.
Couples who were married under common law before 1 January 1968 are still considered married under Florida law and continue to enjoy the rights of other married couples in the state. These rights include spousal support upon separation, and inheritance rights if one spouse dies without a will.
If your common-law marriage is not recognised under one of the two exceptions to the common-law marriage statute in Florida, you and your partner cannot enjoy the legal rights extended to married individuals in the state. For example, in a divorce, each spouse is entitled to a portion of any property acquired during the marriage under Florida's equitable distribution statute. Without an official marriage, each partner in a common-law marriage gives up these rights. Additionally, if the couple has children together and they are not married, the father is not automatically assumed to be the biological parent.
There are some ways for unmarried couples in Florida to gain certain legal protections. For example, an unmarried couple could execute estate documents that allow them to inherit from each other, or medical directives and healthcare powers of attorney to give each other the right to make medical decisions. Registering as a domestic partnership in certain counties may also provide some benefits, such as making healthcare decisions for an incapacitated partner.
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Legal alternatives to common-law marriage in Florida
Florida statute §741.211 makes common-law marriages void in the state. Any common-law marriage entered into after 1967 is invalid. However, there are two exceptions to this rule. Firstly, if a couple was in a common-law marriage before 1 January 1968, they are still considered married under Florida law and continue to enjoy the rights of married couples. Secondly, Florida will recognise a common-law marriage if it is valid in another state.
For couples seeking an alternative to common-law marriage in Florida, there are several options to secure legal recognition of their relationship:
- Domestic partnerships: Many Florida jurisdictions recognise domestic partnerships, which can offer similar legal benefits to marriage, including healthcare visitation rights and decision-making powers.
- Legal agreements: Couples can create rights and obligations similar to those of married couples through legal arrangements such as cohabitation agreements, healthcare proxies, estate documents, medical directives, and healthcare powers of attorney.
- Marriage: Couples can also choose to formalise their relationship through marriage, which offers legal protections such as paying less in taxes, having access to your spouse's healthcare coverage, and having spousal support in the event of a split.
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Frequently asked questions
A common-law wife in Florida is a woman in a long-term relationship who is cohabiting with her partner and presenting themselves as a married couple without a marriage license, marriage ceremony, or marriage certificate.
No, Florida does not recognize new common-law marriages after January 1, 1968. However, it recognizes common-law marriages that occurred before this date.
Florida recognizes common-law marriages that are valid in other states. This is due to the "'Full Faith and Credit Clause' of the United States Constitution, which requires Florida to acknowledge the laws and judicial decisions of other states.
Couples in a common-law marriage not recognized by Florida may face challenges in accessing legal protections and benefits such as estate and inheritance rights, spousal support, and tax advantages.
Unmarried couples in Florida can execute legal documents, such as estate planning and medical directives, to grant each other specific rights and protections typically afforded to married couples.
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