Florida does not recognize common-law marriage. This means that simply living together for an extended period, even with the presentation of yourselves as a married couple, 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 legally recognized ceremony. This is a crucial point often misunderstood, leading to significant legal and financial complications.
What Constitutes a Legal Marriage in Florida?
A valid marriage in Florida requires the following:
- Marriage License: A valid marriage license must be obtained from the Clerk of Court in the county where the ceremony takes place. This license provides legal authorization for the marriage.
- Officiant: The ceremony must be performed by a legally authorized officiant, such as a judge, ordained minister, or other authorized person.
- Witness(es): While not always a legal requirement for the validity of the marriage itself, many officiants require witnesses to the ceremony.
Failure to meet these requirements means that, regardless of how long a couple lives together or how they present themselves to others, their union is not legally recognized as a marriage under Florida law.
What Happens if a Couple Believes They Are Common-Law Married in Florida?
The lack of common-law marriage recognition in Florida can lead to significant problems, especially in situations involving:
- Property Division: In a divorce, Florida courts divide marital property according to specific laws. If a couple believes they are common-law married but are not legally married, they cannot access the same legal protections and distribution of assets as legally married couples.
- Inheritance: Without legal marriage, inheritance rights are significantly different and generally much more limited. A partner may not be entitled to inherit property or assets upon the death of the other.
- Healthcare Decisions: Spouses typically have greater rights to make healthcare decisions for each other. Without a legal marriage, these rights are significantly restricted.
- Tax Implications: Married couples have different tax filing options compared to unmarried individuals. This can impact the overall tax burden. The IRS doesn't recognize common-law marriage in Florida, even if a couple believes they are married.
- Child Custody and Support: While the legal status of the parents' relationship does not directly impact child custody arrangements, it can influence child support calculations and other legal matters related to the children.
What if a Couple Moved to Florida from a State That Recognizes Common-Law Marriage?
Florida will generally not recognize a common-law marriage that was validly established in another state. Even if a couple was legally considered common-law married in another state, that status does not automatically transfer to Florida. This means that any legal issues related to their relationship will be determined under Florida law, which does not recognize common-law marriage.
Why Doesn't Florida Recognize Common-Law Marriage?
The reasons for Florida's rejection of common-law marriage are rooted in a desire for clarity and to prevent potential fraud or disputes. Formalizing marriage through a license and ceremony ensures a clear record of the union and protects against potential misunderstandings or disagreements about the relationship's legal status.
Conclusion
It’s crucial to understand that Florida does not recognize common-law marriage. If you want the legal rights and protections associated with marriage, you must obtain a marriage license and have a legal ceremony in the state of Florida. Consulting with a Florida family law attorney is strongly recommended if you have questions regarding your legal status or the implications of living together without a legally recognized marriage.
