Common Law Marriage in Florida: Legal Requirements and Exceptions

Many people assume that simply living together for several years automatically grants a couple the same rights as a married couple. This concept is known as common law marriage. But is it legally recognized in Florida? The answer is more complex than a simple yes or no.

If you’re in a long-term relationship in Florida and wondering whether you’re protected under common law marriage, here’s everything you need to know about legal requirements, exceptions, and your rights in 2025.

What Is Common Law Marriage

Common law marriage is a type of informal marriage where a couple is considered legally married without a formal ceremony or marriage license. Typically, states that recognize it require the couple to:

• Live together for a significant period
• Present themselves publicly as a married couple
• Intend to be married

While some U.S. states still allow common law marriage, Florida does not allow new ones to be established.

Is Common Law Marriage Legal in Florida?

No. As of January 1, 1968, Florida no longer recognizes common law marriages created within the state.

This means you cannot establish a new common law marriage in Florida, regardless of how long you’ve been living together or how committed your relationship is.

To be legally married in Florida today, couples must:

• Apply for a marriage license
• Participate in a legally recognized ceremony
• Have the marriage solemnized by an authorized officiant

The Exception: Out-of-State Common Law Marriages

Florida does recognize common law marriages that were legally formed in other states before the couple moved to Florida.

This means if you legally established a common law marriage in a state where it is still allowed—like Colorado or Iowa—Florida will honor that marriage under the Full Faith and Credit Clause of the U.S. Constitution.

To prove your out-of-state common law marriage, you may need:

• Joint tax returns or financial accounts
• Shared property or lease agreements
• Witnesses or documents showing that you presented yourselves as married

Legal Rights for Unmarried Couples in Florida

If you live with a partner in Florida but are not legally married, you are not entitled to the same rights and protections as married couples, including:

• Division of property in case of separation
• Inheritance rights without a will
• Spousal health benefits
• Medical decision-making authority
• Automatic parental rights in some cases

How to Protect Your Relationship Legally?

If you are in a committed, long-term relationship in Florida but choose not to marry, there are still legal tools available to help protect both partners:

1. Cohabitation Agreement
   A written contract between partners that outlines responsibilities, property ownership, and terms in case of separation.
2. Durable Power of Attorney & Healthcare Surrogate
   Allows partners to make financial or medical decisions on each other’s behalf if one becomes incapacitated.
3. Last Will and Testament
   Without a will, an unmarried partner won’t automatically inherit your assets under Florida law.
4. Joint Ownership
   Consider putting both names on bank accounts, real estate titles, or vehicles to establish shared ownership.

Final Thoughts

If you’re in a long-term, unmarried relationship in Florida, it’s important to understand that you are not automatically entitled to marital rights.

To safeguard your assets, healthcare decisions, and family plans, consider using legally binding agreements. And if you did form a common law marriage in another state, make sure to keep documentation that proves it.

Need help drafting a cohabitation agreement or understanding your rights? It’s always wise to speak with a Florida family law attorney

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