Does Florida Recognize Common-Law Marriage?
The short answer is no, Florida does not recognize common-law marriages. This means that simply living together and presenting yourselves as a married couple will not grant you the legal rights and protections afforded to legally married couples in Florida. While many states still allow for common-law marriage, Florida explicitly abolished the recognition of such unions years ago.
This can have significant implications for couples who believe they are married but have not obtained a legal marriage license and certificate. Let's delve into some frequently asked questions surrounding this topic.
What constitutes a common-law marriage?
A common-law marriage, also known as an informal marriage, typically requires three elements:
- Capacity: Both individuals must be legally capable of entering into a marriage. This means they must be of legal age and not already married to someone else.
- Cohabitation: The couple must live together.
- Mutual Agreement: The couple must mutually agree to be married. This agreement is often evidenced by holding themselves out to the public as husband and wife.
Why doesn't Florida recognize common-law marriages?
Florida formally abolished common-law marriages in 1967. The primary reason behind this decision was to establish a clear and consistent legal standard for marriage, ensuring clarity regarding property rights, inheritance, and other legal matters. This eliminates ambiguity and potential legal disputes arising from the varying interpretations of what constitutes a common-law marriage.
What are the legal consequences of not having a legally recognized marriage in Florida?
The lack of legal marriage recognition in Florida means that couples who are not legally married do not have the same legal protections and rights as legally married couples. This includes:
- Spousal support (alimony): In a divorce, the court does not have the power to award alimony to an individual who was not legally married to their partner.
- Inheritance: Intestate succession (dying without a will) rules may not favor the partner in the absence of a legal marriage. The deceased's property may go to other relatives.
- Health care decisions: A legally married spouse typically has more rights to make medical decisions for their incapacitated spouse.
- Tax benefits: Married couples are often eligible for various tax benefits not available to unmarried couples.
- Property rights: Property acquired during the relationship may not be subject to equitable distribution in the event of a separation.
If I have been living with someone for many years and we consider ourselves married, what should I do?
If you wish to have the legal rights and protections of marriage in Florida, you must obtain a marriage license and have a formal marriage ceremony. This establishes an unequivocal legal marriage and avoids any potential future disputes. Contacting a family law attorney is advisable to discuss your rights and options.
What if I was in a common-law marriage in another state that recognizes them?
Florida generally does not recognize common-law marriages formed in other states, even if those states still permit them. This is a critical consideration for couples relocating to Florida who may believe they are already legally married.
Are there any exceptions to Florida's common-law marriage rules?
There are no exceptions. The legal precedent in Florida is clear: Only legally recognized marriages, established with a marriage license and certificate, are valid within the state.
It’s crucial to understand Florida's laws regarding marriage to avoid potential legal complications. Consult with a legal professional for personalized advice based on your specific circumstances.
