By Ashley Robinson No, common law marriage is generally not legal in Florida anymore. Florida abolished the creation of new common law marriages in 1968, which means couples living together in Florida cannot automatically become legally married simply by being together for many years or calling each other husband and wife. (leg.state.fl.us)
This surprises many people because common law marriage myths remain very popular. Many couples believe that living together for seven years automatically creates a legal marriage, but that rule does not exist in Florida law.
However, there are still some important exceptions involving older relationships and marriages legally created in other states.
What Is Common Law Marriage?
Common law marriage is a type of relationship where a couple is treated as legally married without having a formal wedding ceremony or marriage license.
In states that recognize it, common law marriage often requires:
- Living together for a long period
- Presenting yourselves publicly as married
- Intending to be married
- Sharing finances or property
Not every state recognizes common law marriage, and the rules vary widely across America.
Why Florida Ended Common Law Marriage
Florida officially abolished new common law marriages after January 1, 1968. (leg.state.fl.us)
The state moved toward requiring formal marriage procedures such as:
- Marriage licenses
- Official ceremonies
- Legal documentation
This helped reduce disputes involving inheritance, divorce, property rights, and marital status.
Does Living Together Create a Marriage in Florida?
No.
In Florida:
- Living together for years does not automatically create marriage
- Having children together does not automatically create marriage
- Sharing bank accounts does not automatically create marriage
- Calling each other husband or wife does not automatically create marriage
Without a legal marriage license and valid ceremony, couples generally remain unmarried under Florida law.
Are Older Common Law Marriages Still Valid?
Yes.
If a couple legally established a valid common law marriage in Florida before January 1, 1968, Florida still recognizes it. (leg.state.fl.us)
However, very few relationships today fall into that category because the law changed decades ago.
What About Common Law Marriages From Other States?
Florida may recognize a valid common law marriage legally created in another state.
For example, if a couple established a lawful common law marriage in a state where it was recognized, Florida courts may still honor that marriage after the couple moves to Florida.
This happens because states often recognize marriages legally formed elsewhere.
Which States Still Allow Common Law Marriage?
Only a small number of U.S. states still recognize new common law marriages.
Examples may include:
- Colorado
- Iowa
- Kansas
- Texas
- Utah in some situations
The exact rules differ significantly between states.
What Rights Do Unmarried Couples Have in Florida?
Unmarried couples in Florida may still create legal protections through:
- Cohabitation agreements
- Wills
- Powers of attorney
- Shared property contracts
- Healthcare directives
Without legal marriage, some automatic spousal rights may not apply.
Why Common Law Marriage Confuses People
Several myths continue spreading online and socially, especially the false belief that:
“Seven years together automatically means you’re married.”
Florida law does not contain any seven-year automatic marriage rule.
This misconception likely developed from older legal traditions and popular culture.
What Happens If Unmarried Couples Separate?
Because Florida does not recognize new common law marriages, separating couples may not receive the same protections as legally married spouses.
Issues involving:
- Property division
- Financial support
- Inheritance
- Retirement benefits
can become much more complicated for unmarried couples.
Could Florida Bring Back Common Law Marriage?
Possibly, but there is currently no major movement to restore it.
Most modern family law systems focus on formal legal marriage registration instead.
FAQs
Q: Is common law marriage legal in Florida?
A: No. Florida abolished new common law marriages in 1968. (leg.state.fl.us)
Q: Does living together create marriage in Florida?
A: No. Cohabitation alone does not create legal marriage.
Q: Is there a seven-year marriage rule?
A: No. Florida has no automatic seven-year common law marriage rule.
Q: Are old common law marriages still valid?
A: Yes, if they were legally created before January 1, 1968.
Q: Will Florida recognize a common law marriage from another state?
A: Usually yes, if it was legally valid where it was created.
Q: Can unmarried couples share property rights?
A: Yes, but they may need contracts or agreements for stronger protection.
Q: Can unmarried partners inherit automatically?
A: Not usually without wills or estate planning documents.
Q: Do unmarried couples get divorce rights?
A: No. Without legal marriage, normal divorce laws usually do not apply.
Q: Which states still recognize common law marriage?
A: A small number, including states like Texas and Colorado.
Q: Could Florida change the law later?
A: Possibly, although no major push currently exists.