Common law marriage refers to a relationship where a couple lives together for a period and presents themselves as married without formally registering a marriage license. Several U.S. states recognize these unions, granting them similar rights to those in legally binding marriages. But does Florida have common law provisions today?

A Brief History of Common Law Marriage in Florida

Historically, Florida did acknowledge common law marriages. However, the legal landscape has evolved. As of January 1, 1968, Florida officially abolished the recognition of new common law marriages. This legislative shift aimed to clarify legal rights and reduce confusion over informal partnerships. Still, couples in such arrangements prior to that date are grandfathered in.

Does Florida Have Common Law Marriages in 2025?

So, does Florida have common law now? The short answer is no—for relationships formed after January 1, 1968. Florida law does not recognize any new common law marriages, regardless of how long a couple has lived together. Only those established in a state that legally recognizes common law marriage may be acknowledged if they move to Florida.

Recognizing Out-of-State Common Law Marriages

Florida law honors out-of-state marriages that were valid where they were formed, including common law marriages. For example, if a couple legally established a common law marriage in Colorado or Texas and then relocated to Florida, their union would typically be recognized. Legal proof such as joint tax filings or affidavits may be required.

Legal Protections for Unmarried Couples in Florida

Though common law marriage is not recognized in Florida, unmarried couples still have legal options to protect their rights. Domestic partnership agreements, cohabitation agreements, and estate planning documents can help unmarried individuals define property rights, medical decision-making authority, and inheritance rights, mimicking some marriage protections.

How Cohabitation Impacts Legal Rights

Living together does not automatically grant partners the rights associated with marriage. In Florida, cohabiting couples do not have community property rights or automatic next-of-kin status. Financial responsibilities, property ownership, and inheritance need to be formally documented through legal contracts or other planning tools to ensure protection.

Why People Confuse Cohabitation with Common Law

The confusion arises because many people believe that living together for a certain period—such as seven years—automatically makes a relationship legally binding. This is not true in Florida. Even long-term cohabitation does not create a legal marriage under Florida statutes. Understanding this distinction is vital for financial and legal planning.

Domestic Partnership as an Alternative

Some counties and cities in Florida offer domestic partnership registries that grant limited legal benefits, such as hospital visitation rights or health care decision-making authority. However, these partnerships are not equivalent to marriage and do not provide the same comprehensive legal protections, particularly around property and estate matters.

Importance of Legal Documentation for Unmarried Couples

Without a marriage certificate, legal protections do not automatically apply. Unmarried couples in Florida should consider signing contracts such as a cohabitation agreement, designating each other in medical directives, and establishing power of attorney. These documents provide clarity and legal recourse in the event of a breakup or emergency.

Impact on Children and Parental Rights

Unmarried couples who have children in Florida face specific legal issues. Both parents must establish legal paternity or maternity for custody and support purposes. A father's name on the birth certificate alone is not enough for custody or decision-making authority. Legal action may be required to protect parental rights and responsibilities.

Division of Property Without Marriage

In the event of a breakup, unmarried couples in Florida cannot rely on divorce laws to divide property or assets. Each person typically keeps the property in their own name. Shared assets must be divided based on written agreements or ownership documentation. Legal action may be necessary if disputes arise over jointly held property.

What the Courts Say About Common Law

Florida courts consistently uphold the legislative decision to abolish common law marriage. In disputes involving long-term partners, courts have reiterated that cohabitation alone is not grounds for recognizing marital rights. The law requires clear legal documents to determine property, support, or custody rights in non-marital relationships.

Misconceptions from Media and Pop Culture

Popular media often depicts couples gaining legal rights after living together for several years, contributing to widespread misunderstandings. While this may be true in a few states, it is not applicable in Florida. Relying on fictional portrayals can lead to false assumptions and legal vulnerability if the relationship ends or one partner passes away.

Financial Planning for Unmarried Couples

Financial planning is crucial for cohabiting couples in Florida. Without marriage, partners must independently plan for retirement, insurance, and inheritance. Naming each other as beneficiaries on accounts, creating wills, and establishing joint ownership of property are essential steps to secure shared financial goals and ensure protection in the future.

Healthcare and End-of-Life Decisions

Unmarried partners do not have automatic medical decision-making rights in Florida. If one partner is incapacitated, the other cannot make healthcare decisions without proper legal documentation such as a healthcare surrogate designation or living will. Planning in advance ensures that partners can advocate for each other during medical emergencies.

What Happens If One Partner Dies?

Without legal marriage or proper estate planning, a surviving partner may not inherit assets or retain housing. Florida intestate laws prioritize legal family members, not unmarried partners. To avoid this, unmarried couples should use wills, trusts, or joint ownership strategies to ensure that their partner is legally protected in the event of death.

Benefits of Legal Consultation

Seeking legal guidance is the best way for unmarried couples to protect their interests. An attorney can draft personalized documents that reflect each couple’s unique needs. Whether it's establishing property rights, healthcare directives, or parental responsibilities, legal advice ensures clarity and security for both partners.

Planning Ahead for Long-Term Security

Couples planning to remain unmarried but cohabit long-term in Florida must take proactive steps. Legal preparation ensures peace of mind and protects both parties in case of separation or emergency. From property to healthcare and inheritance, thoughtful legal planning helps avoid complications and emotional stress later on.

Alternatives to Marriage for Legal Benefits

If marriage is not an option, couples can still access some legal protections through alternative arrangements. Domestic partnership agreements, joint ownership deeds, medical authorizations, and durable powers of attorney can replicate many of the benefits of marriage. These solutions require formal documentation but provide valuable legal safeguards.

Conclusion

While Florida does not recognize new common law marriages, couples still have pathways to establish legal rights and protections through documentation and proper planning. Consulting professionals like Dewitt Law ensures that cohabiting couples make informed, legally sound decisions that reflect their intentions and protect their future.