Paulette Hamilton | February 13, 2025 | Family Law
Some couples choose to live together before officially getting married. They may live together for years and even hold themselves out to be married, even though they never obtained a marriage license or had a ceremony. Many of them may believe they have entered into a common law marriage after a certain period of time.
While a few states still recognize common law marriages, Florida no longer recognizes the concept. Although there are a couple of exceptions, getting married in Florida requires a legal marriage license.
The Basics of Common Law Marriage in Florida
There are some states that still recognize common law marriages. These states typically look at a few factors to determine whether a couple is married by common law. Those factors include:
- The length of time the couple has lived together
- Whether the couple has joint finances
- Whether the couple has authority to make decisions for each other about medical care or finances
In these states, a couple who is married by common law enjoys all the legal benefits of a married couple. However, Florida law states that common law marriages are void. It goes on to state that any common law marriage occurring after January 1, 1968 is not considered valid.
Florida no longer allows for common law marriages no matter how long a couple has lived together. Even if a couple has lived together and claimed to be married for 50 years, that marriage is not considered to be legally valid. A valid marriage license is required to complete a legal marriage in the state.
Florida Common Law Marriage Exceptions
Although Florida no longer allows for common law marriage, there are a couple of exceptions to this rule. Two main exceptions exist where a valid common law marriage would be recognized in Florida. Those exceptions are:
- Common law marriages that were created in Florida prior to January 1, 1968
- Common law marriages that were created in other states and are considered legal marriages in those states
Florida recognizes common law marriages established in another state. Couples from another state with a valid common law marriage would typically enjoy all the same benefits as a legally married couple in Florida. Similarly, couples in Florida who entered into a common law marriage prior to January 1, 1968 would still be considered legally married.
However, Florida has no legal process by which couples who have a common law marriage from another state may obtain a divorce. If a couple wants to get divorced, they would need to obtain a divorce in the state where the common law marriage was established.
What Rights Does a Legally Married Couple Have?
Each couple makes the decision whether or not to get married. Marriage is the right answer for some couples, while others may choose not to enter into a legal marriage. However, Florida law does grant legally married couples some rights that unmarried couples do not have.
For instance, legally married couples may inherit property from a deceased spouse. Similarly, a married couple may make medical or financial decisions for each other. Finally, married couples are entitled to legal divorce proceedings. During divorce proceedings, the court may decide important terms such as property division, alimony payments, and child custody arrangements.
Can a Couple Live Together in Florida Without Getting Married?
Yes, couples may live together in Florida without getting married. In fact, a couple may now live together in Florida indefinitely without being considered married.
Oddly enough, unmarried couples who lived together in Florida prior to 2016 were breaking the law. Even though this action was technically illegal, the law had been on the books for over 100 years and was no longer being enforced. In 2016, Florida Governor Rick Scott repealed the law.
If you want to enjoy the rights of a married couple in Florida, you will need to go through the legal process of obtaining a marriage license and becoming legally married. Common law marriages are not considered valid in the state. If you have questions about the validity of your marriage or rights as a couple, you should seek the help of an experienced Florida family law attorney.
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