Is Common Law Marriage Recognized in Florida?
The short answer: No, common law marriage is not recognized in Florida—at least not for new relationships. Florida abolished common law marriages on January 1, 1968. However, there’s an important exception: If a couple established a valid common law marriage in a state where it is legally recognized, Florida will acknowledge that marriage.
This means if you and your partner were considered legally married under common law in another state before moving to Florida, your marriage remains valid under Florida’s Full Faith and Credit Clause.
Understanding Common Law Marriage
Common law marriage is an informal type of marriage where couples live together and present themselves as married without obtaining a legal marriage license. In states that allow it, couples must usually meet certain conditions, such as:
Living together for a specific period (varies by state)
Mutually agreeing they are married
Holding themselves out as a married couple (e.g., referring to each other as “husband” and “wife” in public)
Because Florida does not permit common law marriage, couples living together in the state will not gain automatic spousal rights unless they officially marry.
How Does Florida Treat Common Law Marriages from Other States?
Although Florida does not create new common law marriages, it recognizes them if they were legally established elsewhere. This is based on the Full Faith and Credit Clause of the U.S. Constitution, which requires states to honor legal contracts from other states, including marriages.
Recognized Common Law Marriage States
Some states still recognize common law marriages, including:
Colorado
Iowa
Kansas
Montana
Texas
Utah
If you and your partner legally established a common law marriage in one of these states and then moved to Florida, your marriage will be valid in Florida.
Rights of Unmarried Couples in Florida
Because common law marriage is not recognized in Florida, unmarried couples do not automatically receive spousal rights. This can create legal challenges in areas like:
1. Property Rights
If you and your partner buy property together but are not legally married, ownership rights depend on whose name is on the deed. If only one partner is listed, the other may have no legal claim to the property in case of separation.
2. Inheritance Rights
Without a legal marriage, a surviving partner has no automatic right to inherit their deceased partner’s assets unless they are explicitly named in a will or designated as a beneficiary.
3. Medical Decision-Making
Married spouses can make medical decisions for their partner in an emergency. However, unmarried partners must have a healthcare power of attorney to legally make medical decisions on behalf of their significant other.
How to Protect Your Rights as an Unmarried Couple in Florida
If you live with your partner in Florida but are not legally married, you can safeguard your rights by taking these legal steps:
1. Create a Cohabitation Agreement – This contract outlines financial and property agreements to avoid disputes if the relationship ends.
2. Draft a Will and Estate Plan – Ensure your partner is included in your will to protect their inheritance rights.
3. Sign a Power of Attorney – A durable power of attorney allows your partner to handle legal or medical matters if you become incapacitated.
4. Add Your Partner to Property Titles – If you buy property together, include both names on the deed to ensure equal ownership.
Common Law Marriage vs. Domestic Partnership in Florida
Since Florida does not recognize common law marriage, some counties and cities offer domestic partnership registries. These registries grant limited rights to unmarried couples, including:
Hospital visitation rights
Medical decision-making authority
Funeral arrangement rights
However, not all Florida counties offer this option, and domestic partnership rights are not the same as legal marriage.
What If You Were in a Common Law Marriage Before 1968?
If you entered a common law marriage in Florida before January 1, 1968, it is still legally valid. However, proving this can be challenging without documentation. Couples in this situation may need witness testimony or financial records to verify their marital status.
Conclusion
Common law marriage is not legal in Florida, but the state recognizes valid common law marriages established in other states. Unmarried couples in Florida should take proactive legal steps—such as creating wills, cohabitation agreements, and power of attorney documents—to protect their rights. If you are considering moving to Florida and have a common law marriage from another state, rest assured that your marriage will still be recognized.
