Florida does not recognize common-law marriages. This means that simply living together for an extended period, sharing finances, or presenting yourselves as married to others does not legally constitute a marriage in the state of Florida. To be legally married in Florida, you must obtain a marriage license and have a formal ceremony performed by an authorized officiant.
This is a crucial point to understand, as the legal implications of being married versus cohabitating are significant, impacting areas such as:
- Property rights: In a legally recognized marriage, property acquired during the marriage is considered marital property and is subject to equitable distribution in the event of a divorce. This is not the case for unmarried couples, where property ownership is determined by individual contributions and agreements.
- Inheritance: Spouses inherit from each other under Florida's intestacy laws (laws governing inheritance when there's no will). Unmarried partners have no automatic right to inherit.
- Healthcare decisions: Spouses have the legal right to make healthcare decisions for each other. Unmarried partners typically do not.
- Tax benefits: Married couples are eligible for various federal and state tax benefits, such as filing jointly and claiming certain deductions. Unmarried couples are not.
- Child custody and support: While unmarried parents share parental responsibilities, the legal framework is different from that of married couples.
What Constitutes a Valid Marriage in Florida?
To be legally married in Florida, the following requirements must be met:
- Marriage license: You must obtain a marriage license from the Clerk of Court in the county where the ceremony will take place. There are specific requirements for obtaining a license, including providing identification and proof of age.
- Ceremony: The marriage must be solemnized by an authorized officiant, such as a judge, ordained minister, or other legally designated person.
- Witness(es): While not always legally required, the presence of witnesses at the ceremony is generally considered best practice.
What if a Couple Believes They are Common-Law Married?
Even if a couple has lived together for many years and presented themselves as married, Florida courts will not recognize this as a legal marriage. This can have significant consequences if the relationship ends, requiring legal action to determine property rights, child custody, and other matters. It is crucial to understand that Florida's unwavering stance on common-law marriage necessitates a formal marriage for legal recognition.
What About Couples Who Were Married in a State That Recognizes Common-Law Marriage?
Florida generally recognizes valid marriages performed in other states. However, if a couple was considered common-law married in another state but never formalized their marriage in Florida, their status in Florida would be that of unmarried individuals. The legal recognition of their prior relationship would depend heavily on the specifics of their situation and the laws of the state where the common-law marriage was established.
Are There Any Alternatives to Formal Marriage?
Couples who choose not to marry can establish legal frameworks to protect their assets and relationships through contracts such as:
- Cohabitation agreements: These agreements outline the financial and legal responsibilities of each partner.
- Wills and trusts: These documents ensure that assets are distributed according to the couple’s wishes.
It's always advisable to consult with a Florida attorney specializing in family law to understand your legal rights and responsibilities in your specific circumstances. Navigating these legal complexities requires expert guidance, preventing potential future issues and ensuring your rights are protected.
