Florida is located in the southeastern United States and is bordered by the Gulf of Mexico and the Atlantic Ocean. It is known for its beaches, warm climate, and popular attractions around Orlando. The state also attracts many people who move there for work, retirement, or a change in lifestyle, with some couples choosing to live together without getting married.
However, living together for years does not automatically make a couple legally married in Florida. The state stopped recognizing new common-law marriages in 1968, so couples generally need a valid marriage under the law to establish a legal marriage. Certain common-law marriages established elsewhere may still be recognized.
For couples who have built a life together without a formal wedding, this distinction can affect their legal rights and responsibilities. Understanding common law marriage in Florida can clarify why the length of a relationship alone does not establish a marriage and when an existing union may be legally recognized.
What Florida Law Says About Common Law Marriage
A common law marriage is a union formed without a license, based on the couple living together and presenting themselves as married. Florida once allowed these marriages, but the law changed.
Under Florida Statutes § 741.211, common law marriages entered into after January 1, 1968, are not valid. Marriages formed before that date remain recognized. Florida Statutes § 741.04 also requires couples to obtain a marriage license before a marriage can be performed. Without a license, a relationship stays legally unmarried regardless of how long it lasts.
When Florida Recognizes an Out-of-State Common Law Marriage
There is one important exception. Florida generally honors a common law marriage that was validly formed in a state that allows it.
For example, a couple who met the requirements in Colorado or Texas and later moved to Florida may still be treated as married. Courts usually look for proof that the couple:
- Lived in a state that permits common law marriage
- Agreed to be married, not just to live together
- Held themselves out to others as spouses
- Met that state’s specific legal requirements
Simply visiting such a state for a short trip is usually not enough. The marriage must have been properly formed under that state’s law.
What Unmarried Partners Can and Cannot Claim
Because Florida treats cohabiting couples as legally single, many protections that spouses receive do not apply. Knowing these limits helps partners plan ahead.
Inheritance Rights
Under Florida Statutes § 732.102, a surviving spouse is entitled to a share of an estate when a person dies without a will. An unmarried partner receives nothing under these rules unless named in a will or as a beneficiary.
Property and Support
When an unmarried couple separates, Florida courts do not divide property the way they do in a divorce. Each person generally keeps what is titled in their own name, and alimony is not available.
Children
Children of unmarried parents still have full rights to support from both parents. However, an unmarried father may need to establish paternity before gaining child custody or time-sharing rights.
Protecting a Long-Term Relationship Without Marriage
Couples who choose not to marry can still create legal protections. These steps help reduce disputes and uncertainty.
- Sign a cohabitation agreement that explains how property and expenses are handled.
- Title major assets, such as a home or car, in both names if you want shared ownership.
- Name your partner in your will and on life insurance and retirement accounts.
- Create health care and financial powers of attorney for each other.
- Establish paternity for any children if the parents are not married.
Key Points to Remember
- Living together for years does not create a legal marriage in Florida.
- Florida stopped recognizing new common law marriages in 1968.
- A marriage license is required for a valid Florida marriage.
- Florida may honor a common law marriage validly formed in another state.
- Unmarried partners do not inherit automatically without a will.
- Written agreements and estate documents help protect cohabiting couples
