Law Office Of Paulette Hamilton Divorce Lawyers | July 7, 2025 | Family Law
Many couples in long-term relationships believe that if they live together for a certain number of years, the state will treat them as if they’re married. This concept is known as common law marriage, and it exists in some parts of the U.S. However, if you live in Florida, things work a little differently.
Florida does not allow new common law marriages. That means living together (even for many years) doesn’t automatically give you the legal rights that married couples have. However, there are exceptions for couples who entered into a valid common law marriage in another state.
Let’s break down what Florida law says and how it may affect your legal rights.
What Is Common Law Marriage?
A common law marriage happens when two people live together and present themselves as a married couple without ever going through a formal ceremony or getting a marriage license.
In states that recognize this type of relationship, the couple may be considered legally married if they meet certain criteria, such as:
- Living together for a set period
- Referring to each other as husband and wife
- Sharing finances or property
- Intending to be legally bound as spouses
However, these rules vary widely depending on the state; in Florida, they’re mostly a thing of the past.
Florida Generally Doesn’t Allow Common Law Marriages
Florida abolished common law marriage back in 1968. That means if you started your relationship in Florida after that year and never had a formal wedding, you are not legally married in the eyes of the state.
The exception is if you entered into a valid common law marriage in a state that still recognizes them, such as Colorado or Texas. If your relationship qualifies as a legal marriage in one of those states, Florida will honor it under what’s known as the Full Faith and Credit Clause of the U.S. Constitution.
However, if your relationship was formed in Florida and you never legally married, you do not gain spousal rights, regardless of how committed the relationship is.
What Legal Rights Do You Miss Without Marriage?
Without a legal marriage, your partner does not automatically have the same legal rights that a spouse would have.
This can affect you in many ways, including:
- Inability to inherit property automatically without a will
- No rights to make medical or financial decisions on your partner’s behalf
- No legal claim to shared property or assets in a breakup
- No right to alimony (spousal support)
In short, the law treats unmarried couples in Florida as legally separate individuals. If the relationship ends, each person walks away with only what they legally own. This can be especially problematic when couples have shared homes, bank accounts, or children together.
How to Protect Yourself if You’re Not Married
Even though Florida won’t recognize a common law marriage, you can still take steps to protect yourself and your partner. This often involves creating legal documents that spell out your rights and intentions.
Some helpful tools include:
- Cohabitation agreements that outline property ownership and financial obligations
- Wills and trusts to ensure your partner inherits your assets
- Powers of attorney for healthcare and finances in case one of you becomes incapacitated
If you’re not married but are in a long-term relationship, talk to a family lawyer about safeguarding your interests.
Contact our Family Law and Divorce Lawyers at Law Office Of Paulette Hamilton Divorce Lawyers for Help Today
For more information, please contact the Law Office Of Paulette Hamilton Divorce Lawyers in Orlando, FL for a free consultation with our experienced Orlando family law attorneys.
Law Office Of Paulette Hamilton Divorce Lawyers – Orlando
189 S Orange Ave #1400,
Orlando, FL 32801
(407) 420-2311
Our firm is located near you. Find us with our GeoCoordinates: 28.541203902225458, -81.37882117301345