Most couples decide to live together without legally getting married. Some have been cohabitating for a long time that they are almost married in their hearts. Nevertheless, can Florida laws accept such relationships as legal marriages even when there is no marriage certificate or ceremony involved?
With some exceptions and qualifications, Florida does not acknowledge common law marriage at all. That being said, read on to find out what works and what doesn’t regarding marriage in Florida, United States.
Common Law Marriage in Florida
Common-law marriage is recognized in some states in the US. These laws apply when two individuals have cohabited for a specific duration, represent themselves as being married and are seen by the public as couples.
Factors that may be considered by a court include whether the couple has joint financial accounts, refers to each other as husband and wife, and acknowledges that one can make medical or financial decisions on behalf of the other person.
Unlike most states, Florida has clear laws regarding common law marriages. Florida statute §741.211 renders all common-law marriages void in the state of Florida; thus, any such marriage contracted after 1967 is invalid according to it.
Thus if you engaged in deep romance with your partner after January 1, 1968, you cannot get married legally in Florida without having a marriage certificate irrespective of how long you stayed together as partners.
Even though you might have lived together since January 2nd 1968 and termed yourselves partners in matrimony, this will not be recognized by the State of Florida. The law only applies if you have been together before the date stated.
Are There Exceptions to the Common Law Marriage Statute in Florida?
Florida has few common law marriage exceptions and it’s important that you are aware of them. For instance, if your union was acknowledged in another state as a marriage under their laws, then it is seen in Florida as well.
There are some states where common-law marriages are still recognized. In such a state if you assert yourself to be in common law marriage then you should have the same rights as those who are legally married here in Florida.
Nevertheless, if you desire termination of common law marriage that exists in any other state, one has to file divorce at the jurisdiction where they wedded. You may need to hire a divorce attorney to oversee the legal procedures.
This is however due to the rationale that common law marriages had no validity beyond 1967 hence, no terminating process for one from any other jurisdiction can or will be entertained by the Floridan legislations.
Additionally, couple who entered into marriages through common law prior to January 1, 1968 will be considered legally married. These couples still have equal treatment as other couples in the state of Florida.
Legal Rights of Married Couples
Choosing to get married as husband and wife is a major decision that each couple needs to take for themselves. Nevertheless, there are certain legal rights enjoyed solely by spouses in Florida. Hence, that’s to say;
Unless your union falls under one of the two exceptions provided by the common law marriage statute in Florida, you and your partner shall not have access to any of the legal rights accorded to married persons in Florida.
Marriage offers some legal benefits. For many couples, such legal benefits are among the reasons they opt for a formally recognized marriage in Florida. Legal rights that spouses in the State of Florida enjoy include the following:
- Right to inherit from a partner’s estate.
- Right to make health care decisions and medical decisions on behalf of their partner.
- Right to a formal divorce proceeding deciding on issues such as property division and spousal support.
Unmarried couples living together do not have the aforementioned legal protections unless they take measures to put them on paper. They could do so by executing wills that allow them to inherit from one another, for instance.
Notwithstanding, they might also prepare medical directives and health care powers of attorney where they could specify who should decide for whom when it comes to issues relating to their health care needs.
Is it Illegal to Live Together in Florida Without Being Married?
In Florida, couples who resided together without the bond of marriage were committing an offence until 2016. The long-standing legislation that existed for a little over 140 years outlawed living together as partners without being legally married.
Since Florida does not acknowledge common-law marriages, living together with your partner will amount to a ‘living-in-sin’ act. This implies that even though you share roof with your spouse, you are breaking the law which is an act of lawlessness.
However, fast forward to 2016, Governor Rick Scott officially lifted it. Thus, it’s no longer considered an offence to live together in Florida without being legally married or acknowledged by the Floridan legislation.
