Florida Common Law Marriage: What You Need to Know

Did you know that common law marriages aren’t recognized in Florida? Yet, many people believe they are. This misunderstanding can have serious legal and financial consequences. Imagine living with your partner for years, sharing everything from your home to your bank account, and then finding out that, in the eyes of the law, you're not married. So, what’s the real story behind common law marriage in Florida? Let's unravel the truth.

The Myth of Common Law Marriage in Florida

Contrary to popular belief, Florida does not recognize common law marriages. But wait—there’s a catch. Florida actually did recognize common law marriages at one point, but it’s not that simple anymore. Up until 1968, common law marriages were legal in Florida. If you entered into a common law marriage before January 1, 1968, your marriage is still valid. If you tried after that date? Sorry, you're out of luck.

So, what does this mean for Floridians today? In simple terms, no matter how long you've lived with your partner or how much you share financially and emotionally, the state of Florida will not consider you legally married unless you go through a formal marriage process. This includes obtaining a marriage license and having a ceremony conducted by an authorized person, such as a judge or clergy member.

Why Does This Matter?

Imagine this scenario: you've been living with your partner for 20 years. You've combined your finances, bought property together, and even raised children. One day, you decide to part ways, or worse, your partner passes away. What happens to the property? What about your rights to make medical or legal decisions on behalf of your partner? The reality is that without a legal marriage, you might not have any rights at all. And this could lead to heartbreaking outcomes, particularly when it comes to property division, custody of children, and inheritance.

While some states do recognize common law marriages, Florida isn’t one of them. This fact is crucial for anyone in a long-term relationship who assumes they are automatically gaining the rights and protections of a legally married couple.

Common Law Marriage Exceptions

There’s an interesting exception to Florida’s strict stance on common law marriage. What if you were married under common law in another state that does recognize such unions? Florida does honor common law marriages that were legally established in other states. So, if you were living in Texas or Colorado (two states that recognize common law marriages) and entered into a common law marriage, then moved to Florida, your marriage would still be recognized.

How Do Other States Handle Common Law Marriage?

Florida may have stopped recognizing common law marriages, but several other states still allow them. These states include:

• Colorado
• Iowa
• Kansas
• Montana
• Oklahoma
• Rhode Island
• Texas
• Utah (only in specific cases)

In these states, the requirements to establish a common law marriage typically involve living together for a certain amount of time, presenting yourselves as a married couple, and having the intent to be married. Each state has its own criteria, so it's important to understand the specific laws where you live.

What Happens If You Move to Florida from Another State?

If you were in a common law marriage in another state and then move to Florida, you might wonder if your marriage is still recognized. The answer is yes, as long as your common law marriage was valid in the state where it was established, Florida will continue to recognize it. This can provide some relief for couples who have moved to Florida after establishing a common law marriage in a state where it's legal.

Debunking the Most Common Myths

There are many myths surrounding common law marriage, particularly in states like Florida that no longer recognize it. Let’s break down some of the most common misconceptions:

1. Living Together Equals Marriage
   This is one of the most pervasive myths. Simply living together, even for many years, does not mean you are married in the eyes of the law in Florida. No matter how long you've been cohabitating, you need a legal marriage for it to be recognized.

2. Joint Finances Mean You’re Married
   Sharing a bank account, buying a house together, or listing each other as beneficiaries on financial accounts might feel like a marriage, but it isn’t one. These are financial arrangements and do not translate into legal marriage rights.

3. Referring to Each Other as “Husband” or “Wife” Makes It Legal
   You may introduce your partner as your spouse and file taxes jointly, but none of this legally binds you in Florida without a marriage license.

What Are the Alternatives for Unmarried Couples in Florida?

If common law marriage isn’t an option, what are the legal alternatives for couples who don’t want to go through the traditional marriage process? Fortunately, Florida offers some solutions:

1. Domestic Partnerships

Some local governments in Florida offer domestic partnership registries. Domestic partnerships can provide some of the legal protections of marriage, such as hospital visitation rights and healthcare decisions, but these protections are limited. And unlike marriage, domestic partnerships may not be recognized outside the local jurisdiction where they are registered.

2. Cohabitation Agreements

For couples who live together but aren't married, a cohabitation agreement can be an excellent way to protect both partners’ rights. This type of agreement outlines how property will be divided, financial responsibilities, and even arrangements regarding children in the event of a breakup. A well-drafted cohabitation agreement can protect both parties and prevent legal disputes down the line.

3. Health Care Surrogacy

Another way to protect your rights as a couple is to name each other as health care surrogates. This ensures that you can make medical decisions for one another if either of you becomes incapacitated.

Florida Statutes and Marriage Law

It’s important to understand how Florida statutes address marriage. Under Florida Statute 741.211, common law marriages entered into after January 1, 1968, are void. However, marriages that were valid before that date remain valid. The law clearly states that a legal marriage requires a marriage license and a ceremony officiated by an authorized individual.

This means that without these steps, even if you consider yourselves married, the state does not. The law has drawn a clear line: legal marriage, as recognized in Florida, is the only way to gain the benefits and responsibilities of a marital relationship.

What Rights Do Married Couples Have That Common Law Couples Don’t?

Married couples in Florida enjoy a variety of legal rights and protections that unmarried couples do not. These include:

• Inheritance Rights: Spouses are entitled to inherit from each other under Florida law, even without a will. Unmarried partners, on the other hand, have no automatic inheritance rights.

• Spousal Support: In the event of a divorce, legally married spouses can seek alimony. Cohabitating couples, even long-term ones, are not entitled to spousal support unless they were legally married.

• Medical Decisions: Spouses have the right to make healthcare decisions for one another in the event of incapacity. Unmarried partners do not automatically have this right and would need to have a healthcare surrogate form in place.

• Tax Benefits: Married couples can file joint tax returns, which can provide significant tax savings. Unmarried couples do not have this option.

• Property Rights: When a married couple buys property together, Florida’s homestead laws provide certain protections that unmarried couples do not have.

Conclusion: Should You Get Married in Florida?

If you’re in a long-term relationship and living in Florida, it’s important to understand the limitations of not being legally married. Without the formalities of a marriage license and ceremony, your relationship will not be recognized in the same way by the law. Whether for emotional, financial, or legal reasons, marriage provides a host of protections that can be invaluable in times of crisis.

If you’re opposed to the idea of traditional marriage but still want to protect your interests, consider alternatives like cohabitation agreements, health care surrogacy, and exploring domestic partnership options where available. These steps can help safeguard your relationship without requiring a marriage certificate.

Ultimately, the decision to marry or not is deeply personal. But understanding Florida's stance on common law marriage ensures you make that decision with clear insight into what the law does—and doesn’t—offer.