Introduction

Common law marriage is a term used to describe a relationship where a couple lives together for a significant period and presents themselves as married, without going through the formalities of a wedding ceremony or obtaining a marriage license. This form of union carries various legal implications in some U.S. states, offering couples rights similar to those enjoyed by married individuals. However, the legal recognition of common-law marriage varies significantly across states.

In Florida, common law marriage is no longer legally recognized, although there are some exceptions and alternative legal arrangements for couples. This article delves into the details of common-law marriage in Florida, its legal status, and how unmarried couples can protect their rights.

Does Florida Recognize Common Law Marriage?

Historical Background of Common Law Marriage in Florida

Historically, common law marriage was once recognized in Florida. Couples could live together, present themselves as married, and gain legal rights without a formal wedding ceremony. These rights included inheritance, property division, and spousal privileges, such as making medical decisions for one another.

Abolition of Common Law Marriage in Florida

In 1968, Florida abolished common law marriage, making it illegal for couples to form a common law marriage after this date. This means that couples living together in Florida, no matter how long or in what capacity, cannot be considered legally married under common law if their relationship began after the abolition.

Exceptions to the Law

Despite the abolition, Florida still recognizes common law marriages that were established before 1968. Additionally, if a couple legally entered into a common law marriage in a state where it is recognized and then moved to Florida, the state will honor their marital status.

Legal Alternatives to Common Law Marriage in Florida

Since common law marriage is no longer an option for Florida couples, there are several legal alternatives that provide similar protections and rights.

Cohabitation Agreements

A cohabitation agreement is a legal contract between two people who live together but are not married. This agreement outlines the rights and responsibilities of each partner concerning property, finances, and other important matters. It can serve as a vital legal tool to protect both parties in the event of a separation.

Domestic Partnerships

In some parts of Florida, couples can enter into a domestic partnership, which offers limited legal rights and protections, such as hospital visitation rights and the ability to make healthcare decisions for a partner. However, domestic partnership laws and benefits vary by county, and they do not provide the full legal benefits of marriage.

Civil Unions

Civil unions are similar to domestic partnerships but offer a broader range of rights. While Florida does not provide civil unions as a legal option, couples can establish one in states where it is recognized. Like domestic partnerships, civil unions offer some legal protections, but they do not equate to the full benefits of marriage.

The Impact of Common Law Marriage on Family Law in Florida

Although common law marriage is not recognized in Florida, there are still significant legal considerations for couples who live together, especially when it comes to family law matters like property division, parental rights, and estate planning.

Property Division in Non-Marital Relationships

In the absence of common marriage, Florida treats the division of property in non-marital relationships differently. Unlike married couples, cohabiting partners do not automatically have rights to shared property unless a cohabitation agreement or another legal arrangement is in place. This can lead to disputes over assets if the relationship ends.

Parental Rights and Responsibilities

For couples with children, legal parentage must be established regardless of marital status. In Florida, unmarried parents must go through legal processes, such as acknowledging paternity or obtaining a court order, to secure their parental rights. This ensures both parents have responsibilities and legal rights over their child, even if they are not married.

Estate Planning and Inheritance

Without common marriage law or formal legal documentation, unmarried couples do not automatically have inheritance rights. This means that if one partner dies without a will, the surviving partner may not receive any of the deceased’s assets. To protect each other, unmarried couples in Florida should establish a will or trust, specifying their wishes regarding the distribution of their property.

How Unmarried Couples Can Protect Their Rights in Florida

Despite the lack of common law marriage, there are still several legal steps unmarried couples in Florida can take to protect their rights.

Legal Documentation for Unmarried Couples

Unmarried couples can protect their interests by creating various legal documents, including cohabitation agreements, property agreements, and mutual wills. These documents outline each partner’s rights and responsibilities, ensuring that both parties are protected in the event of a separation or death.

Power of Attorney and Health Care Surrogacy

One critical way for unmarried couples to protect their rights is through a power of attorney or health care surrogate designation. These legal documents allow one partner to make important financial or medical decisions on behalf of the other in case of incapacity. Without these arrangements, unmarried partners may not have the authority to make decisions for each other in emergencies.

Expert Insights: Legal Opinions on Common Law Marriage in Florida

Law firms such as Dewitt Law advise unmarried couples to be proactive about protecting their legal rights. Since common law marriage is not an option in Florida, couples are encouraged to explore legal alternatives, including cohabitation agreements, powers of attorney, and wills. By seeking legal advice, couples can ensure they are fully protected and avoid potential disputes.

Future Outlook for Common Law Marriage in Florida

Potential Legislative Changes

There have been discussions in some legal circles about the possibility of reinstating common law marriage or introducing new legal frameworks to accommodate the growing number of cohabiting couples. However, as of now, there are no immediate plans to change Florida’s laws on common law marriage.

Impact of Social Trends on Marriage Laws

As societal norms around marriage and cohabitation continue to evolve, it is possible that Florida will eventually revisit its stance on common law marriage. The increasing number of couples choosing to live together without getting married may lead to new legal protections for cohabiting partners in the future.

Conclusion

Although Florida abolished common law marriage in 1968, couples still have various legal options to protect their rights. Unmarried partners can explore alternatives such as cohabitation agreements, domestic partnerships, and legal documentation to secure their rights in matters of property, healthcare, and inheritance. Seeking legal guidance from professionals like Dewitt Law can ensure that both partners are fully protected under Florida law.

FAQs

Does Florida Have Common Law Marriage?

No, Florida abolished common law marriage in 1968.

Is Common Law Marriage Legal in Florida?

No, common law marriage is no longer recognized for relationships formed after 1968.

Does Florida Recognize Common Law Marriages from Other States?

Yes, Florida recognizes common law marriages that were legally established in other states where common law marriage is still valid.

How Can Unmarried Couples Protect Their Rights in Florida?

Unmarried couples can protect their rights through cohabitation agreements, wills, powers of attorney, and other legal documents.