Common Law Marriage in Florida: Legal Recognition and Alternatives

Florida does not recognize new common law marriages established after January 1, 1968. However, the state acknowledges valid common law marriages formed before that date or those legally created in other states. This article provides a detailed explanation of Florida’s stance on common law marriage, the historical context, and alternative legal options for unmarried couples.

Florida’s Stance on Common Law Marriage

Florida abolished the recognition of new common law marriages in 1968. This means that simply living together, referring to each other as spouses, or sharing finances does not create a legally binding marriage under Florida law. The state requires a formal marriage license and ceremony for a union to be legally recognized.

However, there are two key exceptions:

1. Pre-1968 Common Law Marriages – If a couple met Florida’s common law marriage requirements before January 1, 1968, their marriage remains valid.
2. Out-of-State Common Law Marriages – Florida recognizes common law marriages legally established in other states that permit them, such as Texas, Colorado, and South Carolina.

Historical Requirements for Common Law Marriage in Florida

Before 1968, couples could establish a common law marriage in Florida by meeting three essential criteria:

• Mutual Agreement – Both parties must have intended to be married and considered themselves spouses.
• Cohabitation – The couple must have lived together as a married couple.
• Public Representation – They must have presented themselves as married to the public, such as by using the same last name, filing joint taxes, or introducing each other as spouses.

If these conditions were satisfied before 1968, the marriage is still legally valid in Florida today.

Recognition of Out-of-State Common Law Marriages

Florida follows the Full Faith and Credit Clause of the U.S. Constitution, meaning it must recognize legal marriages from other states, including common law marriages. If a couple properly established a common law marriage in a state where it is permitted, Florida will uphold that marriage.

States that currently allow common law marriage include:

• Texas
• Colorado
• Kansas
• South Carolina
• Iowa (if created before 1994)

Couples who move to Florida from these states retain their marital rights, including property division, inheritance, and spousal benefits.

Legal Alternatives for Unmarried Couples in Florida

Since Florida does not recognize new common law marriages, unmarried couples should consider legal alternatives to protect their rights:

1. Cohabitation Agreements

A cohabitation agreement is a legally binding contract that outlines how property, debts, and financial responsibilities will be handled during the relationship and in case of separation. This document can prevent disputes over assets and provide clarity on each partner’s obligations.

2. Domestic Partnership Registrations

Some Florida cities and counties, such as Orlando and Miami-Dade, offer domestic partnership registrations. While not equivalent to marriage, these registrations provide certain legal benefits, such as hospital visitation rights and healthcare decision-making authority.

3. Formal Marriage

The most straightforward way to secure full legal rights is through a formal marriage. Obtaining a marriage license ensures eligibility for spousal benefits, tax advantages, and legal protections in case of divorce or death.

Common Misconceptions About Common Law Marriage in Florida

Several myths persist regarding common law marriage in Florida. Below are clarifications on some of the most common misunderstandings:

• Myth: Living together for a certain number of years (e.g., seven years) creates a common law marriage.
  Fact: Florida does not recognize common law marriage based on cohabitation duration. A formal marriage license is required.
• Myth: Having children together automatically establishes a common law marriage.
  Fact: Parental rights are separate from marital status. Unmarried fathers must establish paternity to secure legal rights.
• Myth: Calling each other “husband” and “wife” makes a couple legally married.
  Fact: Without a formal marriage license, Florida does not recognize such relationships as valid marriages.

Conclusion

Florida does not permit new common law marriages, but it recognizes those established before 1968 or legally formed in other states. Unmarried couples seeking legal protections should consider cohabitation agreements, domestic partnership registrations (where available), or formal marriage. Consulting a family law attorney can help ensure that rights and assets are properly secured under Florida law.