Common law marriage in Florida can be confusing. Do couples who live together for a long time have a common law marriage in Florida? Does Florida recognize common law marriages from other states? Understanding how common law marriages work in Florida can help couples make informed decisions and protect their rights.
What is common law marriage?
Common law marriage is a legal framework that allows a couple to have a legally valid marriage without having a wedding or obtaining a marriage license. Usually, this happens when the couple lives together for a long time, wants to be married and acts like they are married to others.
In the United States, some states fully recognize common law marriage. Others only accept them in certain cases. This means the rules can be very different depending on the state.
Does Florida have common law marriages?
Florida stopped recognizing new common law marriages in 1968. This means that after 1968, Florida does not see long-term relationships as common law marriages. However, Florida does recognize common law marriages from before this legal change.
Why does this often cause confusion?
Confusion happens because Florida recognizes common law marriages from other states. If a couple legally has a common law marriage in another state and then moves to Florida, their marriage is still valid. This principle of “full faith and credit” ensures that states honor the legal acts performed in another state.
How can Florida’s stance on common law marriages impact couples and families?
In situations where a common law marriage is legally valid, couples will have the same rights and obligations as those in a traditional marriage. These include:
- Tax benefits: Married couples can file joint tax returns, which can lower taxes because of combined incomes and various deductions.
- Inheritance rights: Marriage gives automatic inheritance rights. This means that a surviving spouse can inherit an estate without incurring significant estate taxes.
- Health insurance benefits: Many employers offer health insurance for spouses. This can give married people better or cheaper healthcare options.
- Social security benefits: A spouse can get Social Security benefits based on their partner’s earnings. This which can be helpful if one has a higher earning record.
- Legal protections and rights: Marriage gives rights like hospital visits, making medical decisions and making legal claims if a partner dies or becomes incapacitated.
- Retirement benefits: Married people may be able to access their spouse’s retirement accounts and pensions, giving financial security in later years.
- Parental rights: Florida automatically recognizes both parents if they are married. Unmarried parents need to take additional steps to establish paternity.
- Spousal support: If the relationship ends, a spouse might get financial support for stability during the transition.
- Joint ownership: Married couples can own property jointly. This means that they have a right to a fair portion of their property if their marriage ends.
However, confusion about Florida law can mean that couples mistakenly believe that their relationship is a valid common law marriage. In this case, they may miss out on these legal rights.
What should couples consider if they have a long-term relationship?
Since Florida does not allow new common law marriages, couples must marry traditionally for legal recognition. However, Florida accepts common law marriages from other states, giving the same rights as any legally married couple. This includes property rights, inheritance and divorce.
Couples who believe they might be in a common law marriage and are concerned about their legal status should consider a few practical steps. Firstly, they should to seek guidance from an experienced family law attorney to understand their specific situation. Secondly, if residing in Florida, couples may choose to formalize their union through a traditional marriage process to avoid any potential legal ambiguities.
Taking the right steps and can help couples in long-term relationships protect themselves
Common law marriage is a complicated issue for Florida residents. For couples, understanding these nuances is crucial. This knowledge can be the foundation for protecting their interests.