Introduction
Common law marriage can often seem like a confusing topic, particularly because its recognition and application vary widely from one state to another. For couples in Florida, understanding what common law marriage is—and whether it applies in the state—is essential for clarifying their legal rights and responsibilities.
This blog will unpack the concept of common law marriage, taking an in-depth look at its history, how Florida’s legal system approaches it, and what rights couples can expect. By the end, you’ll have the knowledge you need to confidently address any questions or misconceptions regarding common law marriage in Florida.
What is Common Law Marriage?
Definition and History
A common law marriage is an informal form of marriage where a couple is considered legally married without having gone through a formal wedding ceremony or obtained a marriage license. Historically, common law marriage emerged in older societies where access to religious or legal officials was limited, offering couples a way to formalize their unions without traditional methods.
To establish a common law marriage, many jurisdictions look for proof that the couple presented themselves as married, lived together as a couple, and had the intent to be married.
Legal Implications
Understanding the legal implications of a common law marriage is crucial. Just like any formally recognized marriage, common law marriages carry legal rights and responsibilities concerning matters like property ownership, inheritance, and spousal support. However, due to variations in U.S. state laws, not all jurisdictions recognize common law marriages.
Common Law Marriage in Florida
The Legal Status
Florida does not recognize new common law marriages. The state abolished the recognition of common law marriages in 1968. This means that, for most modern couples living together in Florida, a common law marriage cannot be established, regardless of how long they’ve lived together or presented themselves as married.
Exceptions
There is an important exception to this rule. Florida recognizes common law marriages created in other states where such unions are legal. For example, if a couple established a common law marriage in a state where it is recognized and later moved to Florida, the state will honor it.
How to Establish a Common Law Marriage?
Since common law marriage cannot be achieved in Florida today, there are no “steps” within the state to create one. However, for couples who previously resided in states where common law marriage is legal and wish to establish it:
- Live Together: Cohabitation is a fundamental requirement in states recognizing common law marriage.
- Present as Married: Couples must live as though they are married, using terms like “husband” or “wife” in their daily life and introducing each other as such to friends and family.
- Intent to Marry: Both partners must have an unspoken agreement or clear intent to be married.
- Compliance with State Laws: Couples need to meet the specific common law marriage requirements of the state in which the union is being established.
Without these steps being met in a state that allows for common law marriages, Florida law will not retroactively grant common law marriage rights.
Legal Rights and Protections
For individuals currently in legally recognized common law marriages, either through older Florida statutes (pre-1968) or another state, several key rights and protections apply:
- Property Rights: Common law spouses have a legal claim to jointly owned assets during a separation or after the death of their partner.
- Inheritance: A common law spouse may have inheritance rights under Florida’s estate laws, especially if a valid will exists.
- Healthcare Decisions: Common law spouses may make medical decisions for each other if one partner becomes incapacitated.
- Family Support and Alimony: Partners may also be entitled to spousal support or alimony in the event of a breakup, just as in formal marriages.
It’s essential for common law spouses in Florida to have documentation and evidence of their valid common law marriage from a recognized state.
Recognition in Other States
Validity Across State Borders
Under the Full Faith and Credit Clause of the U.S. Constitution, states generally recognize the validity of marriages—including common law marriages—legally formed in another state. This means if a couple establishes a valid common law marriage in a state like Colorado or Texas, it will still be recognized in Florida, even though Florida does not allow new common law marriages to form.
International Recognition
When it comes to international recognition, the situation becomes complicated. Not all countries recognize common law marriages, and couples may face issues with legal matters abroad. If international relocation is part of your plans, consulting an attorney can clarify the implications for your relationship status.
Common Misconceptions About Common Law Marriage
To further clear up confusion, here are some widespread misconceptions about common law marriage in Florida and their truths:
- Misconception: “Living together for seven years makes us married under common law.”
Truth: This is false in Florida. Simply cohabiting for any amount of time does not create a legal common law marriage.
- Misconception: “If we share finances and own a home together, we’re common law married.”
Truth: While these actions resemble marriage, they do not meet the requirements for common law marriage in any state. A legal union requires meeting specific legal criteria.
- Misconception: “We can file taxes as married couples under common law marriage.”
Truth: Only couples in legally recognized common law marriages may declare “married” status for tax purposes.
Understanding Florida Law is Key
While common law marriages may no longer be an option for couples in Florida, understanding the nuances of state laws is vital. Whether you’re cohabiting, considering estate planning, or exploring legal protections for your relationship, having the right knowledge empowers you to make informed decisions.
If you need tailored guidance regarding your relationship or legal status, contacting a family law attorney is always a recommended step.
Learn More About Your Legal Rights
The laws around marriage and partnerships continue to evolve. Staying informed ensures you’re making the best choices to protect yourself and your partner. Consulting legal professionals provides the clarity and peace of mind to move forward confidently.
