Common Law in the State of Florida

When you hear the term “common law,” you might think of long-term partners being automatically considered married just by living together. Others associate it with the broader legal system shaped by court decisions. In the state of Florida, both definitions matter—but they’re often misunderstood.

In this post, we’ll explain what common law in Florida really means, whether common law marriage is recognized, and what unmarried couples need to know to protect themselves legally.

What Is Common Law?

In legal terms, common law refers to a legal system based on court rulings and judicial precedents, rather than just written laws. Like most U.S. states, Florida follows the common law legal tradition, meaning that the decisions of judges in previous cases often shape how laws are interpreted today.

Common law applies in areas like:

Contract law
Family law
Property disputes
Tort law (which includes personal injury cases, negligence, defamation, and more)

While statutes set the foundation, common law fills in the gaps, enabling the legal system to evolve in tandem with society.

Does Florida Recognize Common Law Marriage?

Florida Does Not Recognize New Common Law Marriages

If you and your partner live together in Florida—no matter how long—and never got legally married, the state does not recognize your relationship as a marriage.

Florida officially abolished common law marriage effective January 1, 1968, through Florida Statute § 741.211. Any common law marriage formed within Florida after that date is not legally valid.

But Florida Does Recognize Valid Out-of-State Common Law Marriages

If your common law marriage was legally formed in a state that still recognizes such unions—and you later move to Florida—your marriage remains valid under the Full Faith and Credit Clause of the U.S. Constitution.

Which States Still Recognize Common Law Marriage? (2024–2025)

As of the latest legal updates, these jurisdictions recognize new or existing common law marriages:

Colorado
Iowa
Kansas
Montana
New Hampshire (for inheritance purposes only)
Texas
Utah (under specific circumstances)
District of Columbia

Note: Some states, like Rhode Island and Oklahoma, may recognize common law marriage in limited or evolving contexts.

Why Did Florida Abolish Common Law Marriage?

Florida ended recognition of new common law marriages in 1968 to reduce legal confusion. Without formal registration, it became difficult to determine who was married, which created issues around:

Inheritance
Child custody
Property division
Spousal support

The shift aimed to make marriage and its legal consequences clearer and enforceable.

Legal Risks for Unmarried Couples in Florida

If you and your partner live together in Florida but are not legally married, you do not automatically gain the rights and protections that married couples enjoy.

Here’s What You Don’t Automatically Get:

Inheritance rights (unless named in a will)
Alimony or spousal support
Joint property ownership rights
Hospital visitation and medical decision-making rights
Tax benefits for married couples

Real-World Example:

Samantha and Greg have lived together in Florida for 12 years. Greg suddenly passed away without a will. Because they were never legally married, Samantha has no claim to Greg’s property, and it passes to his next of kin.

Legal Tips for Unmarried Couples in Florida

Unmarried couples in Florida need legal documentation to protect their rights. Here are practical steps to consider:

Cohabitation Agreement – Defines property ownership, financial responsibilities, and what happens if the relationship ends.
Joint Ownership Documents – Ensure both partners are listed on property titles, bank accounts, or leases.
Durable Power of Attorney – Allows your partner to manage legal and financial affairs if you’re incapacitated.
Healthcare Surrogate Form – Let your partner make medical decisions on your behalf.
Wills and Estate Planning – Specify who inherits your assets to avoid disputes.

These documents create legal clarity and prevent future complications.

Common Law in Florida: Myths vs. Facts

Myth	Fact
Living together for 7 years creates a marriage	Florida does not recognize this
My partner will inherit everything when I die	Not without a legal will or trust
Florida gives rights to unmarried couples automatically	No legal protections unless formalized
We can file taxes jointly	Only married couples can file jointly

Examples: How Common Law Issues Play Out in Florida

Case 1: Valid Common Law Marriage from Another State

A couple legally formed a common law marriage in Texas and later moved to Florida. Florida will recognize their marriage, granting them all legal rights of a traditionally married couple.

Case 2: Long-Term Florida Cohabitation with No Marriage

A couple has lived together in Florida for 15 years without marrying. One partner dies. The surviving partner is not legally recognized and has no claim to assets or benefits unless legally named in a will or estate plan.

Frequently Asked Questions (FAQ)

Can we file taxes jointly in Florida if we’re not married?

No. Only legally married couples can file jointly at the federal or state level.

What if we were in a common law marriage before 1968 in Florida?

You may still be considered legally married if it began before January 1, 1968, but you may need documentation or a court ruling to confirm its validity.

Can I be added to my partner’s health insurance without marriage?

Some employers offer domestic partner benefits, but this varies by provider. Legal marriage often simplifies the process.

What if we own a house together?

Joint ownership can protect each partner’s rights, but it’s essential to specify how the property is titled (e.g., joint tenants with right of survivorship) to avoid future disputes.

Final Thoughts

Understanding common law in the state of Florida is vital for anyone in a long-term relationship. While Florida embraces the common law legal system, it does not recognize new common law marriages, leaving many couples without critical legal protections.

If you’re living with a partner but not married, take action:

Draft legal agreements
Plan your estate
Talk to an attorney

These steps can protect both your relationship and your rights.

Would you like a downloadable checklist for unmarried couples in Florida or a graphic summarizing the key legal differences between married and unmarried couples?