Florida and Common Law Marriage: Key Points

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In the United States, the concept of common law marriage is recognized in several states. However, the rules surrounding this type of marriage can be confusing, especially when it comes to states like Florida. This article aims to clarify the legal landscape regarding common law marriage in Florida, shedding light on whether the state acknowledges this form of union and how it affects couples.

What is Common Law Marriage?

Before diving into Florida’s specific legal framework, it’s essential to understand what common law marriage is. Common law marriage is a type of marriage that allows a couple to be considered legally married, even if they haven’t gone through a formal ceremony or obtained a marriage license. This status can be established if a couple lives together for a significant amount of time, presents themselves as married to the public, and intends to be married.

Does Florida Recognize Common Law Marriage?

The short answer is no—Florida does not currently recognize common law marriage. In 1968, the state abolished the recognition of common law marriages. This means that, as of now, couples cannot establish a new common law marriage in Florida.

However, there’s an important caveat to this. Florida does recognize common law marriages that were established in other states where this form of marriage is legal. If a couple moves to Florida after having formed a common law marriage in a state that recognizes it, Florida will acknowledge their marriage as valid.

Historical Context of Common Law Marriage in Florida

Common law marriage was once recognized in Florida, but this changed in 1968 when the state legislature passed a law that ended the practice. The reason behind the abolition was the desire to streamline marriage laws and reduce confusion about marital status.

Despite the elimination of common law marriage in Florida, couples who established a common law marriage before 1968 are still considered legally married under Florida law. These cases are rare today but provide a unique legal exception to the current rule.

How Other States’ Common Law Marriages Are Treated in Florida

Though Florida doesn’t allow the creation of new common law marriages within its borders, it does recognize common law marriages formed in other states where such unions are legally valid. This legal principle is based on the doctrine of “comity,” which means that states generally recognize the legal decisions and institutions of other states.

For example, if a couple establishes a common law marriage in a state like Texas or Colorado—where common law marriage is still legal—and then relocates to Florida, their marital status will be respected under Florida law. This allows them to enjoy the same legal rights and responsibilities as couples who have undergone a traditional marriage.

Legal Implications of Common Law Marriage in Florida

Understanding how common law marriage is treated in Florida is critical for couples who want to ensure that their relationship is legally recognized. Here are some key legal implications for couples who either move to Florida with a valid common law marriage or are confused about their status in the state.

Property Rights

One of the most significant aspects of being in a recognized marriage is how property is handled during the relationship and, more importantly, upon separation or death. Couples in a valid marriage, including those in common law marriages recognized by Florida, have rights to marital property. This means that assets acquired during the relationship may be subject to equitable distribution during divorce proceedings.

Spousal Support (Alimony)

In the event of a divorce, a legally recognized spouse in a common law marriage may be entitled to alimony, depending on the length of the marriage and other factors. However, if the marriage was not valid, such as in cases where a couple believed they were in a common law marriage but were not, spousal support may not be awarded.

Inheritance Rights

In Florida, a legally married spouse, including one in a recognized common law marriage, has the right to inherit a portion of their deceased spouse’s estate. If the deceased spouse did not have a will, the surviving spouse could be entitled to a share of the estate under Florida’s intestacy laws. Without a legally recognized marriage, however, a partner would not have this automatic right.

Health Care and Medical Decision-Making

Couples in a valid marriage have legal standing when it comes to making medical decisions for each other in cases of incapacity. This is especially important for couples in common law marriages who may have relocated to Florida from states where their union is valid. Without legal recognition of the marriage, a partner may be unable to make critical medical decisions without a power of attorney or other legal documentation.

Common Misconceptions About Common Law Marriage in Florida

There are several misconceptions about common law marriage, especially in states like Florida, where the legal status has changed over time. Here are some of the most common myths:

Living Together for a Long Time Means You’re Married
Some people believe that living together for a certain number of years automatically creates a common law marriage. This is not true in Florida. No matter how long a couple lives together, their relationship will not be considered a legal marriage unless they meet the legal requirements of a traditional marriage, such as obtaining a marriage license and having a ceremony.
You Have to Be Married to Have Legal Rights
While being in a recognized marriage provides certain legal protections, there are ways for unmarried couples to secure some of the same rights. For example, couples can draft legal agreements such as cohabitation agreements, wills, and powers of attorney to ensure that their rights are protected even without marriage.https://vaytienlaisuatthap.xyz/
Florida Used to Recognize Common Law Marriage, So It Still Does
This misconception arises from Florida’s history of recognizing common law marriage prior to 1968. As mentioned earlier, only common law marriages established before 1968 or in other states where common law marriage is legal are recognized in Florida today.

Conclusion: Protecting Your Relationship in Florida

While common law marriage is no longer recognized in Florida, understanding the state’s laws can help couples ensure that their relationships are protected. If you believe you may be in a common law marriage recognized by another state, it’s essential to consult with a legal professional to confirm your marital status and understand your rights.

For couples living together in Florida who are not legally married, creating legal agreements can be a crucial step in protecting their rights. Working with an attorney can help couples draft documents that address issues such as property ownership, medical decision-making, and financial responsibilities.https://vaytienlaisuatthap.xyz/