Many people believe that living together for a certain number of years can make a relationship legally binding. But is there common law in the state of Florida? If you’re living with your partner and wondering about your legal rights, understanding Florida's position on common law relationships is essential.

What Is Common Law Marriage and Why It Matters

Common law marriage refers to a relationship in which a couple is considered legally married without a formal ceremony or marriage license. In some states, this type of union provides the same legal rights as traditional marriage. That’s why knowing your state’s laws is crucial before assuming you're legally protected.

Is There Common Law in the State of Florida After 1968?

The short answer is no—Florida does not recognize common law marriages created after January 1, 1968. This means if you began living with your partner after that date and never obtained a marriage license, your relationship is not legally recognized as a marriage under Florida law, regardless of its length or depth.

How Common Law Marriages From Other States Are Treated

Florida will honor a common law marriage if it was validly established in a state that still recognizes such relationships. So, how can a couple get marital recognition in Florida without marrying there? By legally forming a common law marriage elsewhere and providing documentation to support its legitimacy after moving to Florida.

Property Rights for Unmarried Couples in Florida

In Florida, unmarried couples do not have the same property rights as legally married spouses. Property acquired during the relationship belongs solely to the person named on the title or deed. This is why legal documentation, such as cohabitation agreements, becomes critical for protecting each person’s financial interests in case of a split.

Financial Risks Without Legal Marriage

If a relationship ends, the absence of marriage means the courts have no authority to divide property, assign alimony, or make other equitable decisions. Each partner is treated as a legal stranger. Understanding this risk is essential for couples who cohabit without marrying but still want to protect shared investments and assets.

Parenting Rights for Unmarried Couples

Unmarried parents in Florida still have rights and responsibilities regarding their children. Paternity must be legally established for fathers to gain custody or visitation rights. Once paternity is confirmed, both parents are entitled to participate in decisions related to education, healthcare, and living arrangements, even if they were never legally married.

How to Protect a Long-Term Partner in Florida

To protect a long-term partner in Florida, couples should consider signing legal documents such as a cohabitation agreement, a will, power of attorney, and healthcare surrogate forms. These tools give unmarried partners legal standing in critical areas where marriage would normally provide automatic rights, including medical emergencies and financial matters.

Estate Planning for Unmarried Couples

Without a legal marriage, your partner will not automatically inherit your estate. To ensure your partner is included in your end-of-life plans, it’s important to create a comprehensive estate plan. This includes a last will and testament, a living trust, and beneficiary designations for life insurance and retirement accounts.

Domestic Partnerships: A Partial Solution

Some counties and cities in Florida offer domestic partnership registries. These provide limited rights, such as hospital visitation and end-of-life decision-making authority. However, they do not offer the same legal protections or obligations as marriage. Couples relying on these registries should still create separate legal documents for full protection.

Common Misconceptions About Living Together

One of the biggest misconceptions is that living together for a certain number of years automatically grants marital rights. In Florida, this simply isn’t true. No matter how long you’ve lived together or how intertwined your lives are, the state will not recognize the relationship as a legal marriage unless it’s formally licensed.

Legal Alternatives to Common Law Marriage

Couples who don’t wish to marry can still safeguard their relationship legally. A cohabitation agreement can outline financial responsibilities, property division, and more. Estate planning documents ensure your partner has legal access in times of crisis. Taking these steps is the most effective way to protect an unmarried relationship in Florida.

Risks in Medical and Emergency Situations

Without proper legal documents, unmarried partners may be excluded from making medical decisions or even visiting each other in the hospital. In Florida, these decisions are typically reserved for legal family members. Designating each other as healthcare surrogates and granting medical power of attorney can prevent devastating complications during emergencies.

How Long-Term Couples Can Safeguard Themselves

Even if you’ve been together for decades, your relationship is not recognized legally without marriage. That’s why understanding how to create a legal safety net is crucial. Formal agreements and estate planning are practical ways for unmarried couples to protect each other financially, emotionally, and medically as they grow older.

The Role of Joint Ownership

Joint ownership of property and bank accounts can provide some security for unmarried couples. However, it’s important to understand the legal implications. Without explicit written agreements, disputes can arise over ownership and financial responsibility. Clarifying these matters in advance can save significant stress if the relationship ends or a partner dies.

Social Recognition vs. Legal Status

Many couples believe that referring to each other as spouses or acting married in public offers legal protection. Unfortunately, in Florida, social recognition holds no legal weight. The law only recognizes marriages that are officially recorded. This distinction can create serious legal gaps if proper documentation isn’t in place.

Comparing Florida to Other States

States like Texas, Colorado, and Iowa still allow common law marriages under specific conditions. Couples moving to Florida with a valid common law marriage from another state can have it recognized here. However, Florida will not create or validate new common law marriages, regardless of how long the couple has lived together.

Why This Matters for LGBTQ+ Couples

For many LGBTQ+ couples, common law marriage was historically a path to recognition. Although same-sex marriage is now legal nationwide, some still choose not to marry. These couples should be especially aware that Florida offers no legal protection under common law and should take steps to ensure their rights are secured.

Navigating Breakups Without Marriage

If an unmarried couple in Florida breaks up, the law treats them as individuals, not spouses. There’s no legal process similar to divorce, and no court-mandated asset division. This makes it even more important to plan ahead. Without legal agreements, one partner could be left with nothing after years of shared life.

Final Thoughts on Common Law in Florida

Understanding the answer to “is there common law in the state of Florida” is crucial for any couple considering long-term cohabitation. While the emotional bond may be strong, the legal bond is nonexistent without formal marriage or documentation. It’s not about romance—it’s about protecting your future and each other through legal means.

Conclusion

If you're living with your partner in Florida and aren't legally married, don't assume you're covered by common law. From financial planning to healthcare decisions, legal documents are the only way to ensure your partner has the rights they deserve. For experienced, compassionate legal support, contact the team at Dewitt Law today.