No, Florida does not recognize common law marriage for relationships formed today. Couples cannot become legally married in Florida simply by living together, no matter how long the relationship lasts or how closely it resembles a traditional marriage.
That said, Florida’s law has an important historical exception that still affects some couples. Understanding where the line is drawn and why can prevent serious legal surprises involving property, inheritance, and separation.
How Marriage Is Defined in Florida
Florida follows a formal, statute-based definition of marriage. To be legally married in the state, a couple must:
- Obtain a valid marriage license
- Meet eligibility requirements
- Have the marriage properly solemnized
Without these steps, Florida law does not consider the couple married, regardless of commitment, length of cohabitation, or public perception.
Florida abolished new common law marriages decades ago to eliminate uncertainty and litigation over marital status.
Florida’s Unique History With Common Law Marriage
Florida used to recognize common law marriage—but that changed long ago.
- Common law marriages formed before January 1, 1968 are still legally valid in Florida
- Common law marriages cannot be created after that date
This means that only a very small number of relationships today fall under Florida’s common law marriage recognition, usually involving older couples or long-standing claims tied to that pre-1968 period.
Understanding Common Law Marriage (Florida-Specific View)
Common law marriage is based on the idea that marriage can arise from mutual commitment and shared life, without formal approval from the state. In places that allow it, courts examine intent, behavior, and how a couple presented themselves to the public.
Florida deliberately rejected this concept after 1967. The state decided that marriage should be a clearly documented legal status, not something inferred after the fact. From Florida’s perspective, relationships should not quietly turn into marriages through assumption or habit.
This shift was designed to protect both individuals and courts from uncertainty.
Why Florida Abolished Common Law Marriage
Florida lawmakers eliminated new common law marriages to avoid:
- Disputes over whether a marriage ever existed
- Conflicts over property ownership and debt
- Unclear spousal support claims
- Costly probate and inheritance litigation
Requiring a marriage license creates a clear starting point for legal rights and obligations. Without that clarity, courts would be forced to reconstruct relationships based on testimony and memories—often years after the fact.
Common Myths About Marriage in Florida
Many people still rely on outdated assumptions that are no longer true.
1. Living together for many years
Does not create a marriage
2. Calling each other husband or wife
Social labels do not establish legal status
3. Sharing finances or buying property together
Financial integration does not equal marriage
4. Raising children together
Parenthood does not convert a relationship into a marriage
Even if everyone around you believes you are married, Florida law will not—unless the legal requirements were met.
What Happens When Unmarried Couples Separate?
Because Florida does not recognize new common law marriages, breakups between unmarried partners are not divorces.
Property Division
Florida’s marital property laws apply only to legally married spouses. For unmarried partners:
- Property generally belongs to whoever owns it or paid for it
- Jointly owned property is divided based on ownership interests
- There is no automatic 50/50 split
No Right to Alimony
Spousal support is available only after a legal marriage. Unmarried partners generally cannot claim alimony after separation.
Children and Parental Rights
Child custody and child support are handled separately from marriage law. Parental rights and obligations exist regardless of marital status.
Inheritance and the Death of a Partner
This is where misunderstandings cause the greatest harm.
If one partner dies without a will:
- The surviving unmarried partner does not automatically inherit
- Assets pass to legal heirs such as children or blood relatives
Long-term cohabitation alone provides no inheritance protection in Florida.
Recognition of Out-of-State Common Law Marriages
Florida does recognize a common law marriage if it was validly formed in another state that allows such marriages.
Important limitations:
- The marriage must meet the legal requirements of the other state
- Simply moving to Florida does not create or revive a common law marriage
This commonly affects couples relocating from states like Colorado or Texas.
Legal Alternatives for Unmarried Couples in Florida
Since common law marriage is not an option, couples must plan intentionally.
Cohabitation Agreements
These agreements can define:
- Property ownership
- Financial responsibilities
- How assets are divided if the relationship ends
Florida courts generally enforce clear and voluntary agreements.
Estate Planning
Unmarried partners should strongly consider:
- Wills
- Beneficiary designations
- Powers of attorney
Without these documents, a surviving partner may have no legal standing.
Why This Issue Still Matters Today
Many legal disputes arise because couples assume Florida law recognizes long-term relationships as marriages. It does not.
That assumption can lead to:
- Loss of property
- No inheritance rights
- No financial protection after separation
The law does not measure emotional commitment—it enforces legal status.
Final Takeaway
There is no common law marriage in Florida for relationships formed after January 1, 1968.
Living together, sharing finances, raising children, or presenting yourselves as spouses does not create a legal marriage under Florida law. Only marriages formed before that cutoff—or valid common law marriages created in other states—are recognized.
