Common Law Marriage in Florida

Marriage is an important legal status affecting property rights, inheritance, taxes, etc. Some states recognize a concept known as common law marriage, which is when a couple is treated as legally married despite not having a marriage license or ceremony. However, what about Florida? If you live with a partner and present yourselves as spouses, does the law see you as married in the Sunshine State?

Learning about how Florida handles common law marriage can help you avoid confusion and ensure your rights are protected. Read on to learn more, and contact a family law attorney for a free consultation if you need help.

Does Florida Recognize Common Law Marriage?

The short answer is no. Florida abolished common law marriage in 1968. That means you cannot create a new common law marriage in the state today, no matter how long you live with your partner or whether you share expenses, children, or property.

If you want the legal protections of marriage in Florida, you must obtain a valid marriage license and follow the state’s formal marriage procedures. Simply living together or referring to each other as spouses is not enough.

Are There Any Exceptions?

While Florida does not allow new common law marriages to form, there are a few important exceptions:

  • Out-of-state marriages: If you established a valid common law marriage in a state that still recognizes them (such as Colorado or Iowa), Florida will honor that marriage when you move here.
  • Pre-1968 marriages: Common law marriages created in Florida before January 1, 1968, remain valid under state law.

These exceptions are based on the principle that a marriage valid where it was formed is generally valid everywhere, including Florida.

What Rights Do Unmarried Couples Have in Florida?

Couples who live together in Florida but are unmarried may have fewer legal protections than expected.

Without marriage, the law does not automatically provide rights such as:

  • Inheritance rights if one partner dies without a will
  • Spousal health care or decision-making authority in medical emergencies
  • Division of property under divorce laws if the relationship ends

Unmarried partners can still protect themselves through other legal means. Options include signing cohabitation agreements, creating wills and trusts, and naming each other in powers of attorney or health care directives. These documents can help secure some of the protections that marriage provides automatically.

Common Law Marriages and Family Law Issues

The issue of common law marriage sometimes comes up in family law disputes, especially in cases involving property division, child custody (parental responsibility and time-sharing), or support.

For example, one partner may claim that a common law marriage existed to seek spousal support. Since Florida does not recognize new common law marriages, such claims generally fail unless the marriage was formed in another state.

However, child-related rights may not depend on whether the parents are married. Florida courts decide those issues based on the best interests of the child.

What to Do if You Believe You Have a Common Law Marriage

If you and your partner lived together in another state that recognizes common law marriage, you may need to prove the marriage’s validity when you move to Florida. Evidence could include things like joint tax returns or testimony from people who knew you as a married couple.

If you’re unsure whether your relationship qualifies, consulting with a family law attorney in Florida is the best step. A lawyer can review your circumstances and advise you about your rights under state law.

Contact the Orlando Family Lawyers at McMichen, Cinami & Demps for Help Today

Florida does not allow new common law marriages, but it does recognize ones that were validly created in other states. Unmarried couples in Florida who want the legal benefits of marriage need to formally marry or take steps to protect their rights through contracts and estate planning.

If you’re concerned about your legal status or rights in Florida, it’s a good idea to speak with a divorce attorney in Orlando at McMichen, Cinami & Demps. Getting clear answers now can prevent serious problems later, so schedule a free consultation today.

Contact the experienced Orlando family lawyers at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803