Does Florida Allow Common Law Marriages?

No, Florida does not recognize common law marriages entered into after January 1, 1968. But if you entered into a common law marriage prior to January 2, 1968, then the marriage might be valid. Additionally, Florida recognizes valid common law marriages from other states that recognize common law marriage. However, common law marriage never applies if one or both parities are legally married to another person.

If a common law marriage is valid, then when one spouse dies, then the surviving spouse is entitled to right under Florida’s rules of intestate succession. Or if there is a will, the surviving spouse is entitled to an elective share, which is a portion of the estate. This means it is incredibly important for estate planning to correctly determine whether you are married.

Today, Florida generally does not allow common law marriage. Even if you live with your partner for decades in Florida and represent yourself to the world as married, you still are not considered married if you do not get it done officially. But Florida used to allow common law marriage, and those who were common law married before the change get to keep their common law marriage. Thus, if you entered into a common law marriage prior to January 2, 1968, then the marriage might be valid. Additionally, Florida recognizes marriages from other states. So if you were validly common law married in another state before moving to Florida, then Florida will recognize that common law marriage as valid.

However, if you are common law married, the best thing to do for estate planning purposes is to make it official. This will erase any doubt that others may have about the rights of the spouse. Depending on the common law marriage invites litigation, confusion, and bad blood during the probate process. The last thing you want is to make things more difficult on your loved ones, so it often is worth getting a marriage certificate, some witnesses, and a notary to make it official.