Many couples today choose to live together without having a traditional wedding. Because of this, a common question people ask is: Does Florida recognize common law marriage? Some people believe that if you live with your partner long enough, the law automatically considers you married.
However, the reality is a little more complicated. In the state of Florida, common law marriage is generally not allowed, but there are some important exceptions that couples should understand.
In this guide, we’ll explain what common law marriage means, whether it is legal in Florida, when it might still apply, and what rights unmarried couples may have.
What Is Common Law Marriage?
A common law marriage is a type of legal marriage that happens without a formal wedding ceremony or marriage license.
Instead of getting married through official paperwork, couples become legally married by meeting certain conditions. These conditions can vary depending on the state but often include:
- Living together as a couple
- Intending to be married
- Presenting themselves to others as husband and wife
- Sharing responsibilities and finances
Once these requirements are met, the couple may be considered legally married—even though they never had a wedding.
In the past, common law marriage was more widely accepted across the United States. However, most states eventually removed these laws and now require couples to obtain a marriage license.
Is Common Law Marriage Legal in Florida?
The state of Florida does not allow new common law marriages to be created today.
Florida officially abolished common law marriage in 1968. Since that time, couples must obtain a marriage license and complete a ceremony to be legally recognized as married.
This means that in Florida:
- Living together for many years does not create a marriage
- Calling each other husband and wife does not make the relationship legal
- Sharing finances or raising children together does not automatically make you married
To become legally married in Florida today, couples must follow the formal marriage process.
The Key Exception: Older Common Law Marriages
Although Florida no longer allows new common law marriages, there is one important exception.
If a couple formed a valid common law marriage before January 1, 1968, Florida may still recognize it.
These cases are extremely rare today because so much time has passed. However, if a couple established a common law marriage before the law changed, that marriage may still be considered legally valid.
Another Important Exception: Out-of-State Common Law Marriages
Even though Florida does not allow couples to create a common law marriage within the state, it may recognize one that was legally formed in another state.
For example, if a couple formed a valid common law marriage in states such as:
- Colorado
- Texas
- Iowa
- Kansas
- Montana
- Utah
and then moved to Florida, Florida courts may treat them as legally married.
If that couple later decides to separate, they would likely need to go through the formal divorce process just like any other married couple.
Why People Still Believe in Common Law Marriage
Even though Florida ended common law marriage decades ago, many people still believe it exists.
Here are a few reasons why this misunderstanding continues.
Cultural Myths
Many people grow up hearing that living together for a certain number of years automatically creates a marriage. Some believe the rule is 7 years, but this is simply a myth.
Movies and Television
Popular culture often portrays couples becoming “common law married” after living together for a long time, which adds to the confusion.
Confusion With Other Legal Rights
Some couples gain certain rights through contracts, shared property, or domestic arrangements. These protections can sometimes be mistaken for common law marriage.
What Happens When Unmarried Couples Break Up?
Couples who live together in Florida without being married are usually considered unmarried partners under the law.
If the relationship ends, they do not have the same legal protections as married couples going through divorce.
This can affect several areas of life.
Property Division
Married couples who divorce typically divide their property through the court system based on state laws.
However, unmarried couples must usually rely on:
- Property ownership documents
- Contracts or agreements
- Financial records
For example, if one partner purchased a home in their name alone, the other partner may not automatically have a legal claim to it.
Financial Support
In a divorce, one spouse may receive alimony or financial support.
But unmarried partners generally do not have the right to alimony after a breakup in Florida.
Unless there was a specific legal agreement, each partner usually leaves the relationship with their own finances.
Inheritance Rights
Inheritance can also become a major issue for unmarried couples.
If a married person dies without a will, the surviving spouse typically inherits part of the estate.
But if an unmarried partner dies without a will, the surviving partner may receive nothing. Instead, the estate may go to relatives such as children, parents, or siblings.
Because of this, estate planning is extremely important for long-term partners.
Legal Options for Couples Living Together
Even though common law marriage is not recognized in Florida today, couples can still take steps to protect themselves legally.
Cohabitation Agreements
A cohabitation agreement is a legal contract between partners who live together but are not married.
This agreement can explain:
- How property is owned
- How expenses are shared
- What happens if the relationship ends
Having a written agreement can help avoid disputes later.
Estate Planning
Unmarried couples should strongly consider creating legal documents such as:
- Wills
- Living trusts
- Medical powers of attorney
These documents can ensure that partners inherit property and have the authority to make important medical decisions.
Joint Ownership
Some couples choose to put property—such as homes or bank accounts—in both partners’ names.
This can help protect each partner’s financial interests if the relationship ends or if one partner passes away.
How Florida Marriage Actually Works
To be legally married in Florida, couples must follow a simple legal process.
Typically, the steps include:
- Applying for a marriage license
- Completing a marriage ceremony with an authorized officiant
- Having the marriage officially recorded
Once these steps are completed, the couple becomes legally married under Florida law.
Key Points to Remember
Here are the most important facts about common law marriage in Florida:
- Florida abolished common law marriage in 1968
- Couples cannot create a new common law marriage in the state today
- Living together for many years does not create a legal marriage
- Florida may recognize common law marriages formed in other states
- Unmarried couples should consider legal agreements and estate planning
Final Thoughts
Common law marriage is one of the most misunderstood legal topics in relationships. In Florida, the law requires couples to complete a formal marriage process in order to be legally recognized as spouses.
While many couples choose to live together without marrying, it’s important to understand the legal differences between marriage and cohabitation. Without the legal protections of marriage, partners may face challenges related to property, financial support, and inheritance.
By learning how Florida law works and taking steps like creating agreements and estate plans, couples can better protect themselves and their future.