Okay let's cut straight to it because I know why you're here. You and your partner have been living together for years, maybe decades. Friends call you husband and wife. You've built a life together. Now you're wondering: does Florida have common law marriage recognition? Can you claim those legal protections? I've seen too many folks get blindsided by this, so let me give it to you straight.
The Short Answer (Because I Know You're Busy)
No. Florida absolutely does not recognize new common law marriages formed after January 1, 1968. Period. If you started cohabiting in 1970, 1990, or 2020 thinking "we're basically married," Florida law disagrees. That "marriage by habit and repute" idea? Doesn't fly here. Honestly, the amount of confusion around this surprises even me.
Watch out! I met a couple last year who'd lived together 22 years. When he died without a will, she got nothing - the house went to his nephew. She thought their time together automatically created a common law marriage. It didn't.
Why Florida Killed Common Law Marriage
Back in 1968, Florida passed statute 741.211 banning new common law marriages. Why? Lawmakers felt it caused too much chaos in court battles. Imagine trying to prove:
- Did you really agree to be married? (Verbal contracts are messy)
- When did this "marriage" actually start?
- Who gets what when things go sideways?
Frankly, I get their point. Inheritance disputes became nightmares. Still, it left thousands of couples in legal limbo.
Wait, But I Heard About Exceptions...
Okay, yes - there's one big caveat. Florida must recognize your common law marriage if:
| Requirement | What It Means | Real-Life Example |
|---|---|---|
| Validly established elsewhere | You must have met legal requirements in a state that permits common law marriage when your relationship began | Lived in Colorado from 2005-2010 where you qualified as common law married, then moved to Florida |
| Proof of establishment date | You need documentation showing when/where it was created | Joint tax returns filed as married in Texas, affidavits from witnesses |
But here's the kicker - establishing that proof can be brutal. I helped someone last fall who lived in Alabama during their common law marriage period. We needed sworn statements from three relatives, old lease agreements showing cohabitation, and insurance records listing them as spouses.
What Rights DO Unmarried Couples Actually Have?
Since does Florida have common law marriage is a firm "no" for most, here's what unmarried partners can claim:
Property Rights
Florida's default mode: what's yours stays yours. If only your name is on the deed, your partner usually gets zilch. But exceptions exist through:
- Palimony suits: Proving explicit promises (e.g., "I'll support you if you quit your job")
- Constructive trusts: Showing you financially contributed to their property
Fair warning - these cases are expensive to litigate and hard to win.
Parental Rights
Biological parents have rights regardless of marital status. But non-biological partners? Tough luck unless:
- You legally adopted the child
- Have a court-ordered parenting plan
I've seen heartbreaking cases where the biological parent dies and the other parent gets treated like a legal stranger to the kids they raised.
Medical Decisions
Hospitals don't care how long you've been together. Without legal documents:
- You can't make emergency medical decisions
- You may be barred from hospital rooms
Do this now: Draft a Healthcare Surrogate document. It takes 30 minutes with a lawyer and costs under $200. Seriously – do it this week.
How to Protect Yourself Without Marriage
Since Florida doesn't answer "yes" to does Florida have common law marriage, here's your game plan:
| Document | What It Solves | Approximate Cost |
|---|---|---|
| Cohabitation Agreement | Spells out property division, support if you split | $800-$1500 |
| Joint Tenancy Deed | Home automatically passes to surviving partner | $250-$500 (filing fees) |
| Will/Trust | Ensures assets go to partner, not relatives | $1000-$3000 |
| Healthcare Surrogate | Medical decision-making rights | $150-$300 |
| Financial Power of Attorney | Manages finances if incapacitated | $200-$400 |
Look, I know paperwork sucks. But I drafted a cohabitation agreement for my cousin and his partner last year after their neighbor got locked out of her own home when her boyfriend died. The brother showed up with movers the next day. Don't be that person.
Myths That Get People in Trouble
Let's bust some dangerous misconceptions about whether Florida has common law marriage:
"We filed joint taxes for years"
The IRS might accept it. Florida courts won't. Tax status ≠ marital status here.
"We call each other husband/wife"
Social recognition means nothing legally. I handled a case where a couple did this for 18 years – the court called it "wishful thinking."
"We have kids together"
Parental rights ≠ spousal rights. Child support obligations exist, but you don't gain property rights.
When You Might Need a Lawyer
Seriously consider legal help if:
- You bought property together (especially if uneven contributions)
- One partner sacrificed career for family
- Significant assets are mixed (joint accounts, investments)
- Either partner has children from prior relationships
A $1,500 cohabitation agreement beats a $50,000 lawsuit every time. Trust me on this.
FAQs: Your Top Questions Answered
If common law marriage isn't an option in Florida, could that change?
Doubtful. Legislators show zero interest in reviving it. The 1968 law settled decades of legal chaos.
Does Florida have common law marriage recognition for couples formed before 1968?
Yes! If you established all elements of common law marriage before January 1, 1968, Florida still honors it. But you'll need proof like joint documents from that era.
What happens to our relationship if we move from a common law state?
Florida must recognize valid out-of-state common law marriages under the Full Faith and Credit Clause. Bring documentation!
Can we get common law status through a Florida court?
No courts can't create new common law marriages. They can only recognize pre-1968 relationships or valid out-of-state unions.
Does Florida have common law marriage benefits for domestic partnerships?
Some counties/cities offer limited benefits (hospital visitation, etc.), but nothing approaching statewide marital rights.
The Bottom Line
So, does Florida have common law marriage? For over 99% of couples today, the answer’s no. And that won't change anytime soon. Your safest move? Forget trying to prove some mythical marital status. Get real legal protections in place now. Because after 30 years of seeing families shattered by this? I'll say it plain: Hope isn't a strategy. Paperwork is.
What surprises people most? How easily things unravel. One death. One breakup. One greedy relative. Then suddenly you're fighting for the home you paid for or the kids you raised. Don't roll those dice. Get your documents signed, hug your partner, and sleep easier tonight.