Have you ever heard about common law marriage in Florida and wondered if it applies to your situation?
Many people mistakenly believe that living together for a long period can automatically make them legally married under common law. However, Florida’s laws are different.
What Exactly is Common Law Marriage?
A common law marriage refers to a situation where two people live together and hold themselves out as a married couple, even though they’ve never formally tied the knot through a wedding ceremony or a marriage license.
In some states, common law marriages are legally recognized. But when it comes to Florida, things are a bit more complicated.
Does Florida Recognize Common Law Marriage?
The straightforward answer is: No, Florida does not recognize common law marriages.
Even if you and your partner have lived together for many years, share finances, and have told others you’re married, Florida requires you to have a formal marriage license and ceremony to be legally recognized as married.
Without that, you won’t have access to the legal benefits that come with being married, such as inheritance rights or spousal support.
Why Doesn’t Florida Recognize Common Law Marriage?
There are several key reasons why Florida does not recognize common law marriage:
- Preventing Misuse:
Common law marriage laws could potentially be abused, leading to people making false claims about being married for financial or legal benefits. - Clear Legal Framework:
By requiring couples to go through the formal process of obtaining a marriage license, Florida creates a transparent and standardized way of recognizing relationships. - Consistency Across States:
As many states have moved away from recognizing common law marriage, Florida has followed suit to simplify and streamline legal matters surrounding relationships and marital status.
What Happens if You’ve Lived Together for Years?
Even though common law marriage isn’t recognized, Florida still offers legal protections for long-term partners in certain situations. For example:
- Property Ownership:
If you and your partner own property together, the law will generally recognize the joint ownership as long as both names are on the deed or lease. - Medical Decisions:
Without marriage, one partner doesn’t automatically have the right to make medical decisions for the other if they become incapacitated.
You can, however, establish this authority through legal documents such as a Durable Power of Attorney. - Financial Rights:
Unmarried couples in Florida don’t automatically receive spousal rights to tax benefits, insurance, or inheritance.
However, you can still work out financial arrangements through joint bank accounts, insurance plans, and other legal documents.
What Are the Rights of Unmarried Couples in Florida?
As Florida doesn’t offer automatic legal protections for unmarried couples, you need to know what legal rights you may have, or need to establish, if you’re in a long-term relationship. These include:
1. Estate Planning:
If one partner dies, the surviving partner won’t automatically inherit any assets unless there’s a will or trust in place. This is why creating a will is essential for unmarried couples who want to ensure their partner inherits their property.
2. Child Custody and Support:
If you have children, Florida will still recognize parental rights regardless of marital status. However, unmarried parents may need to go through legal steps, like establishing paternity, to ensure proper custody and child support arrangements are made.
3. Health Insurance:
In Florida, unmarried partners don’t automatically qualify for health insurance benefits under each other’s plans. Each person will need to have their own insurance coverage unless specific arrangements have been made.
4. Tax Considerations:
Without marriage, unmarried couples can’t file joint tax returns or benefit from tax advantages afforded to married couples. Taxes will need to be filed individually.
5. Dividing Property:
If unmarried couples decide to separate, Florida law doesn’t automatically step in to divide property. If you want to ensure your property is fairly divided, it’s a good idea to have a clear cohabitation agreement that outlines ownership rights.
How Can Unmarried Couples Protect Their Rights?
Although Florida doesn’t recognize common law marriage, there are legal options available to protect your rights and interests as an unmarried couple. These options include:
- Cohabitation Agreement:
This is a legal document that outlines the financial and property rights of each person. It helps avoid confusion if you separate. - Power of Attorney:
A Durable Power of Attorney grants your partner the authority to make decisions for you if you become incapacitated. - Healthcare Proxy:
A healthcare proxy lets your partner make medical decisions on your behalf if you’re unable to do so. - Will and Trust:
Having a will in place ensures your partner can inherit your assets. You may also create a trust to protect and manage property for your partner’s benefit. - Joint Ownership:
Ensure that property, bank accounts, or insurance policies are jointly owned, so that both parties have legal access to them.
Conclusion
While Florida does not recognize common law marriage, there are still ways for unmarried couples to protect their rights and legal interests.
By establishing formal legal arrangements, you can ensure that your partner has the legal rights they deserve, even if you’re not married.