Florida does not recognize common-law marriage. This means that simply living together for an extended period, sharing finances, or presenting yourselves as a married couple to others does not legally constitute a marriage in the state of Florida. To be legally married in Florida, you must obtain a marriage license and have a formal ceremony performed by an authorized officiant.
This lack of recognition can have significant implications for legal and financial matters, particularly in cases of separation or death. Let's delve into some common questions surrounding this issue.
What is Common-Law Marriage?
Common-law marriage, also known as informal marriage, is a legal concept where a couple is considered married without having obtained a marriage license or having a formal ceremony. The requirements for establishing a common-law marriage vary significantly by state. However, generally, it involves a couple presenting themselves as married and cohabitating for a significant period. Crucially, Florida is not one of the states that recognizes this type of marriage.
If Florida Doesn't Recognize Common-Law Marriage, What Happens If a Couple Separates?
If a couple has lived together in Florida for an extended time and presents themselves as married but never legally obtained a marriage license, they are considered unmarried in the eyes of the law. This has significant consequences during separation:
- No spousal support (alimony): Unmarried partners are not entitled to spousal support following a separation.
- Limited property division: Property division will follow the principles of unmarried cohabitation, generally awarding property to the individual who legally owns it. There's no automatic 50/50 split as in a divorce.
- Lack of inheritance rights: Without a will designating inheritance, unmarried partners generally have no automatic inheritance rights to each other's assets.
- No legal rights related to children: Parental rights and responsibilities would need to be established through legal means like paternity testing and child support orders.
How Can I Protect Myself If I'm in a Long-Term, Unmarried Relationship in Florida?
Given Florida's stance on common-law marriage, it's crucial to take proactive steps to protect yourself and your assets:
- Create a cohabitation agreement: A legally binding contract outlining the financial arrangements and responsibilities within the relationship. This can address property ownership, financial contributions, and responsibilities upon separation.
- Draft a will: Clearly outlining your wishes regarding the distribution of your assets after your death. This is particularly important if you wish to provide for your partner.
- Establish clear financial boundaries: Maintain separate bank accounts and clearly document individual ownership of assets.
What if I Believed I Was in a Common-Law Marriage in Another State?
If you believe you were legally married under common-law rules in another state that recognizes them, Florida may still recognize that marriage. However, this requires proof of the existence of a valid common-law marriage in that state. This necessitates strong evidence, potentially including witness testimonies, joint tax returns, and other documentation.
Is there any way to establish a common-law marriage retroactively in Florida?
No. Florida law does not provide a means to retroactively establish a common-law marriage. A formal marriage must be performed as described in Florida statutes.
What is the difference between a common-law marriage and a domestic partnership?
A domestic partnership is a legally recognized relationship, but it's distinct from marriage. Domestic partnerships often provide some legal benefits, such as hospital visitation rights, but these benefits are limited and usually vary according to specific ordinances or state laws. Florida currently does not offer a statewide domestic partnership recognition.
This information is for educational purposes only and should not be considered legal advice. If you have specific questions or concerns about your legal rights and responsibilities within an unmarried relationship in Florida, it is strongly recommended to consult with an experienced family law attorney.
