Many people believe that living together for a certain number of years automatically makes a couple “married” in the eyes of the law. This idea, often called “common law marriage,” can lead to a lot of confusion, especially in states like Florida. In this blog, we’ll explain what common law marriage means, whether it’s recognized in Florida, how it affects your legal rights, and what you can do to protect yourself.
What Is Common Law Marriage?
A common law marriage is a legal framework where a couple is considered married without having gone through a formal ceremony or obtained a marriage license. Instead, the couple lives together and presents itself to others as married.
To establish a common law marriage in states that recognize it, couples typically must:
- Live together for a specific period of time (varies by state)
- Intend to be married
- Present themselves publicly as a married couple
- Share financial responsibilities
If all these criteria are met, the law may recognize the couple as legally married, even without a ceremony.
Does Florida Recognize Common Law Marriage?
No, Florida does not allow couples to form new common-law marriages.
Since January 1, 1968, Florida has not recognized any new common law marriages. That means if you and your partner began your relationship in Florida after this date, you cannot become legally married through common law.
However, There’s an Exception:
If you established a valid common law marriage in a state that recognizes it, and then moved to Florida, the state will honor it under the Full Faith and Credit Clause of the U.S. Constitution.
States That Still Recognize Common Law Marriage (As of 2025):
- Colorado
- Iowa
- Kansas
- Montana
- Oklahoma
- Rhode Island
- Texas
- Utah (with certain restrictions)
Washington D.C. also recognizes it. So, if you legally formed a common law marriage in one of these jurisdictions and then relocated to Florida, your marriage will still be valid in Florida.
What Happens if You Lived Together for Years in Florida?
Even if you’ve been living with your partner for decades, Florida law does not consider you legally married unless you:
- Had a marriage ceremony
- Obtained a marriage license
Living together, sharing bills, or having children together does not create a legal marriage in Florida. This can lead to unexpected complications, especially when it comes to issues like:
- Property division
- Inheritance rights
- Medical decision-making
- Spousal benefits
Let’s explore these areas in detail.
Legal Rights of Unmarried Couples in Florida
1. Property and Assets
Unmarried couples in Florida who buy property together don’t have the same automatic protections as married couples. If your name isn’t on the title, you may not have a legal right to the property, even if you contributed to its purchase or upkeep.
2. Inheritance
If your partner dies without a will, you are not legally considered a surviving spouse. You may not inherit anything unless you were specifically named in the will. Florida’s intestate succession laws (which apply when there is no will) do not recognize unmarried partners.
3. Medical Decisions
Hospitals may restrict access to medical information or decision-making if you are not legally married. You could be excluded from making crucial decisions for your partner during a health emergency.
4. Health Insurance and Other Benefits
Employers typically offer spousal benefits to legally married couples. If you’re not married, you might not be eligible for:
- Health insurance coverage
- Family leave
- Pension or survivor benefits
How to Protect Yourself as an Unmarried Couple in Florida
Although Florida doesn’t recognize common law marriage, there are ways unmarried couples can legally protect their relationship.
1. Create a Cohabitation Agreement
A cohabitation agreement is a legal contract between unmarried partners. It can outline:
- How bills and living expenses are shared
- Who owns what property
- What happens if you separate
- Rights to specific assets or investments
2. Make a Will and Estate Plan
Each partner should have a will specifying:
- Who inherits your assets
- Guardianship of minor children (if any)
- Powers of attorney and health care directives
This ensures your partner is legally protected if something happens to you.
3. Joint Ownership
If you’re buying property together, ensure both names are on the title or deed. Consider designating ownership as:
- Joint tenants with right of survivorship (gives the surviving partner full ownership upon death)
4. Power of Attorney and Health Care Proxy
Designate your partner as your power of attorney and health care proxy so they can:
- Make medical decisions on your behalf
- Handle your financial affairs if you’re incapacitated
5. Beneficiary Designations
For bank accounts, retirement funds, or insurance policies, name your partner as the beneficiary to ensure they receive the funds directly.
Same-Sex Couples and Common Law Marriage
After the U.S. Supreme Court legalized same-sex marriage nationwide in 2015 (Obergefell v. Hodges), same-sex couples gained equal marriage rights. However, they face the same common law limitations as opposite-sex couples in Florida.
What This Means:
- Same-sex couples must obtain a marriage license to be recognized as legally married in Florida.
- Same-sex couples who formed a valid common law marriage in another state before moving to Florida are legally recognized.
What About Domestic Partnerships?
Florida does not recognize domestic partnerships at the state level, but some counties and cities do. For example:
- Miami-Dade County
- Broward County
- Palm Beach County
- Orlando
These local registries may offer limited rights, such as hospital visitation or health benefits for government employees.
However, these protections are not the same as marriage, and they are not enforceable statewide. Always read the fine print and don’t assume these registries provide the same legal security.
Myth-Busting: Common Misconceptions
“Living together for 7 years means we’re married.”
False. There is no such rule in Florida—or any other state—that automatically grants marriage after a set time.
“Having a child together makes us legally married.”
False. While you may share parental rights and responsibilities, this does not affect your marital status.
“We file taxes together, so we’re legally married.”
False. Only legally married couples can file joint tax returns.
“We call each other husband and wife, that makes it official.”
False. Using marital terms does not create a legal marriage in Florida.
Divorce and Separation: What If a Common Law Marriage Is Recognized?
If you move to Florida with a legally recognized common law marriage from another state, and you later decide to separate, you will need to go through the formal divorce process, just like any other married couple.
This Includes:
- Equitable distribution of marital assets
- Alimony (if applicable)
- Division of debt
Florida will treat your marriage as valid if it was valid in the state where it was formed.
Should You Get Legally Married?
If you’re in a long-term committed relationship in Florida, getting legally married is the simplest way to ensure full legal rights and protections.
Benefits of Legal Marriage:
- Automatic inheritance rights
- Access to spouse’s health benefits
- Legal decision-making authority in emergencies
- Tax benefits
- Easier property ownership and division
Marriage also provides clarity and security in case of separation, illness, or death.
Conclusion
In Florida, common law marriage has not been recognized since 1968. While the idea of “being married by default” may seem appealing, it can lead to serious legal and financial issues if misunderstood. Couples who live together without being legally married do not have the same rights as married couples.
If you and your partner want legal recognition and protection, consider formalizing your relationship through marriage or setting up legal agreements that mirror some of the protections marriage provides. Understanding your rights and limitations can help you make informed choices about your relationship and your future.
Always consult with a family law attorney for specific legal advice tailored to your situation, especially if you own property together, have children, or are planning long-term financial commitments.
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