A common law marriage is one that’s recognized without a formal ceremony or marriage license. It happens when a couple lives together, presents themselves to the world as married, and mutually agrees that they are married.
So, what’s the deal with common law marriage in the state of Florida? Well, Florida doesn’t recognize common law marriages entered into within the state after January 1, 1968. This is a really important point to understand if you live in Florida.
However, there are exceptions. Florida will recognize common law marriages that were validly created in another state that does allow them. Also, unmarried couples in Florida have other legal options to protect their rights and interests.
The Legal Status of Common Law Marriage in Florida
So, where does Florida stand on common law marriage? Here’s the breakdown.
Florida abolished common law marriage
As of January 1, 1968, Florida did away with common law marriage. If you and your partner entered into a common law marriage after that date within the state of Florida, the state doesn’t recognize it.
The reason for the change was to create a more standardized and documented marriage process, according to legal sources.
Pre-1968 common law marriages are recognized
If you and your partner established a common law marriage in Florida before January 1, 1968, the state still recognizes the marriage. These marriages are treated the same as formally solemnized marriages.
However, proving that a pre-1968 common law marriage existed can be tricky. You’ll have to present evidence such as witness testimony, shared property deeds, and proof that you and your partner presented yourselves to the public as a married couple.
Recognition of Out-of-State Common Law Marriages
Even though Florida doesn’t allow common law marriages, there are circumstances where the state will recognize a common law marriage that was established somewhere else.
The Full Faith and Credit Clause
The Full Faith and Credit Clause in the U.S. Constitution says that states have to respect the laws and court decisions of other states. So, if you have a valid common law marriage from a state that permits them, Florida should recognize it.
However, there are limits. Florida courts will only recognize an out-of-state common law marriage if it was legally created in a state that allows it.
Requirements for Recognition
To have your out-of-state common law marriage recognized in Florida, you have to meet all the requirements for a common law marriage in the state where you established it. This usually means living together, intending to be married, and presenting yourselves to the public as a married couple.
If you’re claiming you have a common law marriage, it’s up to you to prove it. You might use things like affidavits, joint tax returns, and shared bank accounts as evidence.
Alternatives to common law marriage in Florida
Since Florida doesn’t recognize common law marriage, you and your partner might want to explore other ways to protect your rights and responsibilities as a couple.
Domestic partnerships
Although Florida doesn’t offer domestic partnerships statewide, some cities and counties do. These partnerships offer some of the same rights and benefits as marriage, but not all.
Registering as domestic partners can give you certain rights related to healthcare visits, inheritance, and property ownership.
Cohabitation agreements
A cohabitation agreement is basically a contract between unmarried couples that spells out each partner’s rights and responsibilities while they’re together and if they separate. These agreements can cover how you’ll divide property, what financial support one partner will provide to the other, and other key points.
For a Florida cohabitation agreement to be legally enforceable, it has to be in writing, signed by both of you, and supported by valid consideration (something of value that each partner is giving to the other).
Estate planning tools
If you’re unmarried, it’s especially important to have the right legal documents in place to make your wishes known.
- Wills. A will is essential for stating how you want your assets to be divided when you die. If you don’t have a will, Florida law will determine who inherits your property, and that might not be your partner.
- Durable power of attorney. This document lets you name someone to make financial decisions for you if you become unable to make them yourself.
- Healthcare surrogate designation. With this document, you can name someone to make healthcare decisions for you if you’re unable to do so.
Protecting Your Rights as an Unmarried Couple in Florida
Although Florida doesn’t recognize common-law marriage, you can take steps to protect yourself and your partner.
- Keep Records: Open joint bank accounts, buy property together, and make sure to keep thorough records of these transactions. This documentation will help you prove the nature of your relationship if disagreements arise.
- Get Legal Advice: Talk to an attorney about creating cohabitation agreements, wills, powers of attorney, and healthcare surrogate designations. An attorney can make sure these documents are legally sound and meet your specific needs.
- Understand Property Rights: Know the laws about property ownership in Florida, especially if you own property together. Consider owning property as joint tenants with rights of survivorship. This ensures that if one partner dies, the property automatically goes to the other.
While these steps can’t create a common-law marriage, they can provide significant legal and financial protection.
Common Misconceptions
There are a lot of misconceptions about common-law marriage in Florida. Here are some of the most common:
- Myth: If we live together long enough, we’re married under common law.
- Fact: This is only true for relationships that began before January 1, 1968. After that date, Florida doesn’t recognize common-law marriages.
- Myth: We don’t need legal documents; we trust each other.
- Fact: Trust is great, but legal documents are how you protect yourself if you disagree, separate, or in the event of someone’s death.
- Myth: Domestic partnerships give us the same rights as marriage.
- Fact: Domestic partnerships grant some rights, but they don’t offer the same protections as marriage. Plus, these rights vary by location.
Summary
To sum it up: Florida doesn’t recognize common law marriages formed within the state after January 1, 1968. The state may recognize a common law marriage that’s valid in another state, but that can get complicated.
For unmarried couples in Florida, the best way to protect your rights is to be proactive. You can create cohabitation agreements, wills, powers of attorney, and healthcare designations. These legal documents can provide clarity and security that the state of Florida doesn’t offer automatically.
Florida may not give unmarried couples all the protections of marriage, but careful planning and legal documentation can help you and your partner secure your futures and protect your relationship.