Florida does not recognize common-law marriages. This means that a couple cannot simply live together and be considered legally married in the eyes of the state. To be legally married in Florida, you must obtain a marriage license and have a legally performed ceremony. This is true regardless of how long a couple has lived together, how they present themselves to others, or any agreement they may have made between themselves.
This lack of recognition can have significant implications for a variety of legal matters, including:
-
Inheritance: Without a legally recognized marriage, surviving spouses may not inherit assets from their deceased partner. Inheritance laws in Florida will treat them as unmarried individuals.
-
Healthcare Decisions: In the absence of a marriage, a partner may not have the legal authority to make healthcare decisions for their loved one in the event of incapacitation. A legally appointed healthcare surrogate or power of attorney would be necessary.
-
Taxes: Marital status significantly impacts tax liabilities. Unmarried couples are taxed differently than married couples, and this can affect tax returns, deductions, and other financial considerations.
-
Property Rights: In Florida, property acquired during a relationship is not automatically considered jointly owned unless the couple is legally married. Unmarried individuals need to have legally binding agreements regarding ownership of assets.
-
Benefits: Many employer-sponsored benefits, like health insurance and retirement plans, are only available to spouses. Unmarried individuals are not entitled to these benefits.
Frequently Asked Questions (FAQs)
Here are some common questions related to common-law marriage in Florida and their answers:
What constitutes a common-law marriage?
Common-law marriage, recognized in some states, typically involves a couple who have lived together for an extended period, presented themselves as married to others, and intended to be married. However, Florida does not recognize this concept, regardless of the length of cohabitation or the couple's presentation to the community.
If I lived with my partner for many years in Florida, are we considered married?
No. Living together for any length of time in Florida does not create a legally recognized marriage. To be married in Florida, a marriage license must be obtained and a ceremony performed according to state law.
What if we have a written agreement stating we are married?
A written agreement between two individuals claiming to be married will not create a legally recognized marriage in Florida. The only way to be legally married in Florida is by obtaining a marriage license and having a legally performed ceremony.
What are my rights if my unmarried partner dies?
If your unmarried partner dies, you will not automatically have the rights of a spouse regarding inheritance or property division. Your rights will depend on the existence of a will, a trust, or other legally binding agreements. It is crucial to have an estate planning attorney to help you navigate this scenario.
Can I still prove a relationship in court if I was not legally married?
You may still be able to establish a relationship in court, but the legal framework for doing so will be very different than in the case of a legally married couple. Establishing a relationship may be relevant in cases involving child custody, support, or division of assets accumulated during the relationship. This will require legal counsel to guide you through the process.
This information is for educational purposes only and should not be considered legal advice. If you have questions about your specific situation, it's crucial to consult with a qualified Florida attorney.
