Florida does not recognize common-law marriages. This means that simply living together for an extended period, sharing finances, and presenting yourselves as a married couple will not legally constitute a marriage in the state of Florida. While many other states still permit common-law marriage, Florida abolished the recognition of such unions years ago. Understanding the implications of this is crucial for couples living together in Florida.
What Constitutes a Legal Marriage in Florida?
A legal marriage in Florida requires a valid marriage license and a formal ceremony performed by an authorized officiant. This process ensures legal recognition of the union, granting couples the rights and responsibilities associated with marriage under Florida law. This includes, but is not limited to, rights regarding:
- Property ownership and inheritance: Jointly owned assets, inheritance rights, and provisions in a will all rely on legally recognized marriage.
- Tax benefits: Married couples often benefit from specific tax breaks and filings not available to unmarried couples.
- Healthcare decisions: Spouses have the right to make healthcare decisions for each other in the event of incapacitation.
- Child custody and support: Legal marriage establishes parental rights and responsibilities regarding children.
What if a Couple Believes They Are in a Common-Law Marriage?
Even if a couple has lived together for many years, held themselves out to the public as married, and shared finances, Florida will not recognize this as a legal marriage. Attempting to claim common-law marriage status after the fact will likely be unsuccessful. The only way to legally be considered married in Florida is to obtain a valid marriage license and have a legally performed ceremony.
What Happens to Assets and Property if a Couple Separates After Living Together in Florida?
If a couple separates after living together in Florida without a legal marriage, the division of assets and property will be governed by different legal principles than a divorce proceeding. Generally, each individual retains ownership of the assets they acquired during the time they lived together. However, there might be exceptions if a cohabitation agreement was established outlining ownership of jointly acquired assets. Seeking legal counsel is advisable in these situations.
What are the legal implications of living together in Florida without marriage?
Living together in Florida without marriage doesn't automatically grant any legal rights or responsibilities similar to those of marriage. While couples may choose to create agreements about shared finances and property, the lack of a formal marriage means that these agreements must be legally sound and enforceable to have the same effect as marital property division.
How can couples in Florida protect their assets and interests if they are not married?
Couples choosing not to marry but wish to have some legal protection for their assets and responsibilities should strongly consider creating a legally binding cohabitation agreement. This agreement outlines the financial responsibilities, asset ownership, and other important matters between the individuals. Consulting with an attorney experienced in Florida family law is highly recommended to ensure this agreement is legally sound and enforceable.
What documents prove a marriage is legal in Florida?
The primary document proving a legal marriage in Florida is the marriage certificate issued by the county clerk's office where the marriage license was obtained and the ceremony performed. This certificate serves as legal proof of the marriage for various purposes, such as taxes, inheritance, and legal proceedings.
This information is for general guidance only and should not be considered legal advice. It is highly recommended to consult with a qualified Florida attorney for advice tailored to your specific situation.
