Florida Common Law Marriage Myths Exposed: What the Law Says

If we live together long enough, we’re legally married… right?

Not in Florida! Many believe that just living together creates a common-law marriage, but that’s not true.

Florida stopped recognizing new common law marriages in 1968, meaning couples who skip the marriage license don’t have the same legal rights as married couples.

This can lead to problems like losing property rights, missing out on inheritance, or being unable to make medical decisions for a partner.

Florida does not recognize new common law marriages established after January 1, 1968. The only way to get legally married in Florida today is through a formal marriage license and ceremony.

Florida will still honor common law marriages from other states if they were legally valid where established.

Couples who formed a common law marriage in Florida before 1968 also remain legally married under state law.

Key Takeaways

Florida requires a marriage license and ceremony for all marriages since 1968.
Common law marriages from other states remain valid when moving to Florida.
Unmarried couples need legal documents to protect their rights in Florida.

Understanding Common Law Marriage

Common law marriage lets couples become legally married without a ceremony or license, though laws vary widely by state and time period. Most states no longer allow new common-law marriages to be formed.

The couple must agree they are married and act like a married couple in public. Common law spouses must meet specific requirements like:

Being legally free to marry
Living together for a significant time
Sharing finances and property
Using the same last name (in some cases)
Introducing each other as husband/wife

Historical Background and Legal Evolution

Common law marriage dates back to medieval England when priests weren’t always available to perform ceremonies. The practice came to America with English settlers.

Florida banned new common-law marriages in 1968. The state will still recognize valid common-law marriages from before 1968 or from other states that allow them.

Many states ended common-law marriage as marriage records became more important for legal and social benefits. Today, only a few states still allow new common-law marriages.

Differences Between Common Law and Formal Marriage

Common law marriages that are valid offer the same legal rights as formal marriages. This includes property division, inheritance, and Social Security benefits.

Key differences from formal marriage:

No marriage license is required
No ceremony needed
More difficult to prove the marriage exists
Must meet specific requirements like living together and acting married

Proving a common law marriage often requires evidence like:

Joint bank accounts
Shared property deeds
Insurance policies listing spouse
Witnesses who can confirm the couple presented as married

Debunking Florida Common Law Marriage Myths

Many people have wrong ideas about common-law marriage in Florida. Florida law stopped recognizing new common-law marriages in 1968, creating confusion about couples’ legal rights.

Myth 1: Living Together Means You’re Married

Living together for any length of time does not create a marriage in Florida. Many couples believe that sharing a home for 7 years or any other period automatically makes them marry.

This is false. Florida law requires a marriage license and ceremony for all new marriages since January 1, 1968. Time spent living together does not affect marital status.

Couples must get legally married to gain spousal rights. Moving in together, sharing bills, or using the same last name does not create a marriage.

Myth 2: Florida Recognizes Local Common Law Marriages

Florida will only recognize common law marriages from before 1968. Any relationship that started after that date cannot become a common law marriage in Florida.

The state will honor valid common-law marriages from other states. If a couple has a legal common-law marriage in another state that allows it, Florida will respect that marriage.

This recognition only applies if the relationship meets all requirements for common law marriage in the original state.

Myth 3: Unmarried Couples Have the Same Legal Rights as Married Couples

Unmarried couples lack important legal protections that married couples receive automatically:

No inheritance rights if one partner dies
No right to make medical decisions
No right to Social Security benefits
No right to division of property after breakup
No right to spousal support

Living together does not create these rights. Couples must get legally married or create specific legal documents to protect themselves.

Myth 4: Legal Benefits Automatically Follow from Cohabitation

Living together does not give couples automatic legal benefits. Important protections require specific legal steps:

Key Documents Needed:

Wills
Powers of attorney
Living wills
Property agreements
Beneficiary designations

What the Law Says in Florida

Florida has strict rules about common-law marriage that affect thousands of couples living together without formal marriage certificates.

The state’s position changed dramatically in 1968 with specific laws about marriage recognition.

Florida’s Legal Position on Common Law Marriage

Common law marriages established in Florida after January 1, 1968, are not legally valid. The state requires couples to obtain a marriage license and officially solemnize their union.

Couples must complete these steps for a valid marriage in Florida:

Get an official marriage license
Have a ceremony performed by an authorized person
File proper documentation with the county

Any Florida common law marriages created before 1968 remain valid if the couples can prove their relationship met the requirements at that time.

Recognition of Out-of-State Common Law Marriages

Florida follows the Full Faith and Credit principle for common law marriages from other states. This means the state will honor common law marriages that were legally established elsewhere.

To prove an out-of-state common law marriage in Florida, couples need:

Evidence that they lived in a state that allows common-law marriage
Proof they met that state’s requirements
Documentation of their relationship status

Implications for Unmarried Couples

Unmarried couples in Florida face significant legal limitations. They cannot claim marriage benefits simply by living together, regardless of the length of the relationship.

Key impacts include:

No automatic inheritance rights
No spousal medical decision-making power
Limited property rights if the relationship ends
No right to spousal benefits or support

Legal Rights and Limitations

Couples who can’t marry or choose not to can protect their rights through legal documents:

Durable power of attorney
Healthcare surrogate designation
Living wills
Property co-ownership agreements

These agreements provide important protections but do not create a marriage-like status. Each document must be properly executed and regularly updated to remain valid.

Some rights remain unavailable without marriage:

Joint tax filing
Social Security survivor benefits
Automatic inheritance
Immigration sponsorship

Conclusion

Common law marriage in Florida is widely misunderstood, affecting many couples’ legal rights and protections. Clear facts and proper legal steps are essential for protecting relationships in the state.

Many wrongly believe living together for 7 years creates a valid common-law marriage in Florida. This myth puts couples at risk of losing important legal protections.

Florida has not recognized new common-law marriages since 1968. The state only acknowledges common law marriages established before that date or those legally formed in other states.

Living together, sharing finances, or using the same last name does not create a marriage in Florida. Only a legal ceremony with proper documentation establishes a valid marriage.

Couples should pursue a legal marriage ceremony for marriage rights and protection. Those choosing not to marry can create legal instruments, such as living wills and powers of attorney, to protect their relationship.

Meeting with a family law attorney helps couples understand their options. They can draft documents for healthcare decisions, property rights, and inheritance.

Getting everything in writing provides the strongest protection. Verbal agreements or assumptions about relationship status will not stand up in court.

Frequently Asked Questions

Does Florida recognize common-law marriage?

No, Florida does not recognize common law marriages created after January 1, 1968. However, Florida will honor common law marriages legally established in other states that recognize them.

Is living together in Florida the same as being married?

No, living together in Florida does not make you legally married. Without a marriage license, couples are considered legal strangers and do not receive the same rights as married couples.

Can unmarried couples in Florida have legal rights?

Unmarried couples can protect their rights by creating legal documents such as cohabitation agreements, wills, durable power of attorney, and healthcare directives.

Does Florida recognize common-law marriages from other states?

Yes, Florida recognizes common law marriages that were legally established in states where they are valid, thanks to the Full Faith and Credit Clause.

at are the biggest myths about common-law marriage in Florida?

The biggest myths include:

Living together equals marriage (False)
Unmarried couples have the same legal rights as married couples (False)
Cohabitation automatically grants inheritance rights (False)

How can unmarried couples protect their assets in Florida?

Unmarried couples can protect their assets by drafting a cohabitation agreement, creating a will, setting up joint ownership for major purchases, and assigning power of attorney for financial and medical decisions.

What happens if a common law partner dies in Florida?

If a common law partner dies without a will or proper legal documents, the surviving partner has no automatic inheritance rights. A will or estate plan is essential to protect the partner legally.