Long-term relationships often come with many of the same joys and challenges as marriage, but they don’t always come with the same legal protections.
If you’ve been in a committed relationship and are wondering about your rights, you’re not alone. Many Floridians have questions about whether common law marriage gives them the same legal standing as legally married couples, particularly when it comes to separation or divorce.
In this post, we’ll explore what common law marriage is, whether Florida recognizes it, and how it might impact issues like property division, alimony, and child custody. Whether you’re currently in a long-term relationship or navigating the end of one, understanding Florida’s laws can help you make informed decisions about your future.
What Is Common Law Marriage?
Common law marriage is a type of relationship where a couple lives together for a significant period of time and presents themselves as a married couple—without ever obtaining a marriage license or having a formal marriage ceremony.
You may have heard that simply living together for seven years automatically makes you “married” in the eyes of the law. This is not true. The rules for common law marriage vary significantly from state to state (and some states don’t recognize it at all).
In states where it is recognized, couples often need to meet specific requirements, such as cohabitating, intending to be married, and presenting themselves as married to others (for example, by sharing the same last name, filing joint tax returns, or referring to each other as spouses).
Is There Common Law Marriage In Florida?
Florida does not recognize common law marriages that were entered into after January 1, 1968.
This means that even if you’ve lived together as unmarried partners for 15 years, you won’t automatically gain the legal standing or rights that come with marriage.
However, Florida does recognize common law marriages that were legally established in other states. This recognition is based on the Full Faith and Credit Clause of the U.S. Constitution, which requires states to honor valid legal actions, such as marriages, from other jurisdictions.
For example, if you entered into a valid common law marriage in Colorado, Texas, or one of the other states that recognize such unions, Florida will acknowledge your marriage and afford you the same rights and obligations as any married couple.
The specific requirements for common law marriage vary by state, but generally, couples must show evidence that they cohabitated, intended to be married, and held themselves out as a married couple. This might include actions like referring to each other as spouses, filing joint tax returns, or listing each other on insurance policies. Consistency across legal and financial documents is often used to establish the validity of a common law marriage.
Understanding these distinctions is important for couples who may have entered into a common law marriage in another state before relocating to Florida. If you believe your relationship meets the criteria for a common law marriage, consulting with a family law attorney can help clarify your legal standing and guide you through any next steps.
How Can I Divorce My Common Law Spouse?
If you and your partner were not in a legally recognized common law marriage, you do not need to go through the formal divorce process to end the relationship. In Florida, couples who are not legally married are free to separate without any legal action.
However, issues such as property disputes or child custody arrangements may still require legal attention, which we’ll address in more detail later.
On the other hand, if you entered into a valid common law marriage in another state before moving to Florida, the situation is different. Florida will recognize your common law marriage as legally valid, which means you would need to file for divorce just like any other married couple to formally end the relationship.
Understanding your legal standing as a common law marriage couple is crucial when separating. If you’re unsure whether your relationship qualifies as a common law marriage or you’re navigating complex issues like property ownership or parental rights, consulting with a knowledgeable family law attorney can help you determine the best course of action.
Property Division & Alimony
In Florida, all property acquired during a marriage is considered joint marital property, meaning both spouses have a legal claim to it. During a divorce, these assets and debts must be divided equitably. However, for unmarried partners, property division can be far more complex.
Without a legally recognized marriage, you would need to prove ownership of any assets you claim. For instance, if your name is not on the deed to your home or the title of a vehicle, you may face challenges in claiming ownership. This can leave unmarried partners in a vulnerable position, particularly in long-term relationships where financial contributions may have been shared without formal documentation.
To address these issues proactively, unmarried couples can establish a Cohabitation Agreement, which functions similarly to a prenuptial agreement. This document outlines property ownership, financial responsibilities, and asset division in the event of a separation.
Additional legal documents—such as Domestic Partnership Agreements, Wills, and Powers of Attorney—can also provide important protections. These documents can clarify rights and ensure that your wishes are respected in cases of disputes, separation, or even death, as common law spouses generally do not have automatic inheritance rights.
When it comes to spousal support, things are equally complex. Alimony is typically reserved for legally married spouses, so unmarried partners generally cannot claim spousal support under Florida law. However, if you were in a valid common law marriage recognized in another state, you may still have grounds to seek alimony in Florida as part of a divorce proceeding.
Child Custody
When it comes to child custody, marriage—or the lack of it—does not determine parental rights or responsibilities.
Florida law focuses on the best interests of the child, which means that custody, visitation, and time sharing arrangements are based on what provides the child with a stable, nurturing environment, regardless of whether the parents were married.
Paternity will need to be legally established so that the father will gain legal rights and responsibilities, including the ability to participate in decisions about the child’s upbringing and the obligation to provide financial support.
Take the Next Leap Forward
Navigating the complexities of common law marriage, property division, or child custody can feel overwhelming, especially when the laws vary depending on your unique situation. At Leap Frog Divorce, our team of experienced family law attorneys is here to provide the clarity and guidance you need to make informed decisions about your future.
Whether you’re facing questions about your legal rights, property ownership, or parental responsibilities, we’re here to help. Don’t navigate these challenges alone—contact Leap Frog Divorce today to schedule a consultation. Together, we’ll work toward solutions that protect your interests and provide you with peace of mind.