Common Law Marriage in Florida 2025

In many states, a “common law marriage” refers to a relationship where a couple lives together for a certain period of time. The couple must hold themselves out as being married, and if they do so, they can enjoy the same legal rights and responsibilities as married couples.

However, in Florida, common law marriage is not recognized as of 2025. This is an important legal distinction for individuals who may believe that their long-term cohabitation qualifies them for marriage rights in the state.

What is Common Law Marriage?

Common law marriage typically arises when a couple lives together and presents themselves to the public as being married. However, these couples do not have the formalities of a wedding ceremony or marriage license. Although requirements vary from state to state, the general criteria for a common law marriage often include:

  • The couple must live together for a significant period of time.
  • Both individuals must mutually agree to be married.
  • The couple must publicly present themselves as a married couple.

In states that allow common law marriage, couples who satisfy these criteria may be entitled to the same legal rights as married couples. This includes property division rights, inheritance rights, and spousal support in the event of separation or death.

Does Florida Recognize Common Law Marriage?

No. Florida does not recognize common law marriage as of 2025. The state repealed common law marriage in 1968. This means that couples who live together and hold themselves out as married are not legally considered married by the state of Florida. This is true regardless of how long they have lived together or how they present their relationship to others.

Even if a couple in Florida has cohabited for many years and refers to each other as “husband” and “wife,” Florida law will not recognize them as legally married. In Florida, the only way to be formally recognized as married is by obtaining a marriage license and having a wedding ceremony.

It’s important to note that while Florida does not recognize new common law marriages, any common law marriage that was established in Florida before 1968 is still considered valid. Additionally, Florida recognizes common law marriages that have been established in other states.

Cohabitation in Florida: Rights Without Common Law Marriage

While Florida does not recognize common law marriage, it does have legal provisions to protect the rights of cohabiting couples. These protections focus primarily on property rights, financial matters, and family law issues. Here are a few legal avenues that unmarried couples in Florida can use to protect their rights:

Property Rights

Couples who live together but are not married need to be aware that Florida does not automatically provide them with rights to property or assets if they have a breakup. If one person owns a home or property in their name, the other partner has no claim to it.

Both names must be on the deed, lease, or title for each party to have a legitimate claim.

Cohabitation Agreements

One way unmarried couples can protect themselves in Florida is by creating a cohabitation agreement. This legal document can outline how property and assets will be divided if the couple separates.

This may help couples address financial obligations and property ownership during or after the relationship. A cohabitation agreement allows couples to make these decisions for themselves and for their family.

Financial and Support Obligations

Without a formal marriage, one partner does not have the legal right to receive financial support from the other in the event of a breakup. This means there is no automatic entitlement to alimony or spousal support.

However, a court may still consider one partner’s financial contributions to a relationship if the couple has a cohabitation agreement in place.

Contact Our Experienced Family Law Firm in Orlando, FL

If you have questions about your rights in a non-marital relationship or need help creating a cohabitation agreement, contact the experienced Orlando family law attorneys 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