Cameron Miranda
Florida abolished new common-law marriages after 1967, more specifically, after January 1, 1968. This means that any common-law marriage entered into after this date is invalid in the state of Florida. However, there are two exceptions to this rule. Firstly, if a couple has a valid common-law marriage in another state and then moves to Florida, their marriage will be recognized in the Sunshine State. Secondly, couples who were married under common law before January 1, 1968, are still considered married under Florida's laws and continue to enjoy the rights of other married couples in the state.
| Characteristics | Values |
|---|---|
| Year Florida stopped accepting common-law marriages | 1st January 1968 |
| Year Florida repealed the law that made it illegal for unwed couples to cohabit | 2016 |
| Florida's recognition of common-law marriages from other states | Recognised |
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What You'll Learn
Common-law marriages before 1968 are recognised
Florida does not recognise common-law marriages that have been established within the state after 1 January 1968. However, common-law marriages that occurred before this date are still considered valid.
Florida Statute §741.211 states that any common-law marriage entered into after 1967 is invalid. This means that if a couple meets the general conditions for a common-law marriage but has never been ceremonially married, Florida law does not consider them legally married.
Prior to 1968, a common-law marriage in Florida required:
- The legal capacity to contract marriage
- A mutual agreement between the parties to become husband and wife
- Consummation of the agreement by cohabitation
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 inheritance rights, spousal support, and property division.
Florida does recognise common-law marriages from other states, as long as the couple met the requirements for a legal common-law marriage under the laws of that state. 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.
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Common-law marriages from other states are recognised
Florida abolished new common-law marriages after 1967, specifically from January 1, 1968. However, it does recognise common-law marriages from 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.
If a couple has a valid common-law marriage in another state and then moves to Florida, it will be recognised in the Sunshine State. For example, if a couple claimed common-law marriage in a state that recognises such unions as legally valid, they should have the same rights in Florida as a legally married couple. This includes health insurance or inheritance rights.
However, if a couple wants to terminate a common-law marriage recognised by another state, they need to file for divorce in the state in which they were married. This is because Florida does not provide a process for terminating a common-law marriage created under another state's laws.
It is important to note that Florida did not always refuse to recognise new common-law marriages. Before 1968, a common-law marriage in Florida required the following:
- Legal capacity to contract marriage.
- Mutual agreement between the parties to become husband and wife.
- Consummation of the agreement by cohabitation.
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Cohabitation was illegal until 2016
Cohabitation was illegal in Florida until 2016. The law, which had been in place for over 140 years, made it illegal for unmarried couples to live together. In 2016, Governor Rick Scott repealed the law, making it legal for unmarried couples to cohabit.
Despite this change, Florida does not recognise common-law marriages established within the state after 1967 or 1968. This means that if a couple meets the general conditions for a common-law marriage but has never been ceremonially married, Florida law does not consider them legally married.
There are, however, two exceptions to this rule. Firstly, couples who were married under common law before 1968 are still considered married under Florida law. Secondly, Florida will recognise common-law marriages from other states, as long as the couple met the requirements for a legal common-law marriage in that state.
The lack of recognition of common-law marriages in Florida means that unmarried couples in the state miss out on certain legal rights and protections. For example, they cannot make decisions for an incapacitated spouse, and they also cannot have formal divorce proceedings if they break up. Additionally, they do not have the same rights as married couples when it comes to property division, estate and inheritance rights, and spousal support.
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Common-law marriages offer no legal protections
Florida abolished new common-law marriages after 1967. The state does not recognize common-law marriages established within the state after January 1, 1968. This means that if a couple meets the general conditions for a common-law marriage but has never been ceremonially married, Florida law does not consider them legally married.
Without a valid marriage certificate, couples in Florida are considered "legal strangers." This means that they do not have access to the same rights and protections that married couples do. 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. However, without a legal marriage, property division can be more complicated.
Additionally, in a recognized marriage, if one spouse dies intestate (without a will), the surviving spouse typically has inheritance rights. This is not the case for unrecognized common-law marriages in Florida. Upon separation, one partner in a legally recognized marriage may also be entitled to spousal support, but this is not the case in an unrecognized common-law union.
While Florida does not recognize common-law marriages initiated in the state, it does recognize the validity of any marriage entered into in another state, including common-law marriage relationships. If a couple has a valid common-law marriage from another state that recognizes such unions, Florida will recognize that marriage. 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.
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Common-law marriage requirements
Florida does not recognise common-law marriages that began after 1 January 1968. However, it does recognise common-law marriages that were entered into before this date.
For couples who began their relationship after 1 January 1968, a marriage license and ceremony are required for a legal marriage in Florida. To be considered married in Florida, you must follow all state laws regarding marriage, such as being over the age of 18, applying for a Florida marriage license, having a formal ceremony, and recording the license with a court clerk.
Florida does recognise common-law marriages from other states, as long as the couple met the requirements for a legal common-law marriage under the laws of their previous state. In this case, the couple will have the same rights in Florida as a legally married couple.
Cohabitation agreements can be created to establish a marriage-like agreement for couples who live together but do not want to marry. These agreements can outline terms to help with property purchases, protect personal property, or make a partner legally responsible for making healthcare decisions. However, cohabiting couples in Florida do not have the same rights as married couples, including protections for property after the death of a partner.
Until 2016, it was illegal in Florida for unmarried couples to live together, although the law was rarely enforced. Governor Rick Scott repealed the law in 2016, allowing unmarried couples to live together without breaking the law.
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Frequently asked questions
No, Florida does not recognize common-law marriages that have been established within the state after January 1, 1968.
Florida recognizes common-law marriages that are considered valid in other states.
Common-law marriages cannot be terminated in Florida. To end such a marriage, you must file for divorce in the state in which you were married.
