A common law marriage, also known as an informal marriage, is when a couple lives together and presents themselves as married, even though they have not gone through a religious ceremony or obtained a marriage license. Common law marriage is not legal in most states. However, Florida does recognize common law marriages from other states. State law also permits domestic partnerships.
Marital status can affect many aspects of your life and relationships, including property inheritance, insurance coverage, and health care decisions. Consequently, it is critical to understand what your legal relationship status is. If you have questions about common law marriages in Florida, an attorney at The Florida Probate & Family Law Firm can help you clarify your rights and obligations.
What Is Required for a Common Law Marriage?
Florida no longer recognizes common law marriages formed after January 1, 1968. However, several U.S. states permit common law marriage, including:
- Iowa
- Utah
- Kansas
- Montana
- Colorado
- Washington
- South Carolina
Florida respects common law marriages formed in accordance with these states’ laws, even if the couple moves here afterward.
Laws governing common law marriage vary by state. Generally, couples must be of legal age and must live together for a specified amount of time. They also must present themselves as a married couple to the public, such as by calling each other husband and wife, even when not legally wed. Common law marriage only applies to heterosexual couples. Same-sex partners are not eligible for recognition as common law spouses.
What Are the Benefits of a Common Law Marriage?
Common law marriages provide some of the legal protections that traditional marriages do, while allowing couples to avoid the formalities or costs they may associate with marriage. They protect individuals who have invested considerable time in a relationship, even if they never formalized their commitment.
A recognized common law marriage provides a range of benefits that cohabiting couples do not get. For example, a common law spouse has the right to see their partner if they are hospitalized and make medical decisions on their behalf if they are incapacitated. Common law spouses may inherit each other’s property and may receive spousal support in the event of a separation or divorce. Additionally, non-ceremonial marriages may offer custody advantages for Florida households if there are children involved. Some of these issues may be less clearly defined than for traditional legal marriages, but these rights still represent a substantial improvement from the rights that simply cohabiting couples receive.
Cohabitation Agreements
A cohabitation agreement is a legal contract recognized by the courts as binding for two people who live together. This agreement protects each party’s assets in the event that the couple separates. It can also outline the roles and responsibilities of each person, such as obligations for child support if children are part of the relationship. Furthermore, the agreement determines how separate or joint bank accounts are managed and how shared finances will be divided upon a break-up.
Talking with a Florida lawyer can help couples determine whether they have a common law marriage or should consider a more formal arrangement, such as a cohabitation agreement.
Contact a Florida Attorney for Help with Common Law Marriages Today
Your relationship with your partner is one of the key aspects of your life. Since the status of your partnership can affect your finances, property ownership, child custody, and more, it is critical to understand your legal position.
If you have questions about your marital status, a lawyer at our firm can help. Contact us today for legal advice about common law marriages in Florida.