Many couples in long-term relationships believe that living together for a certain period grants them legal rights similar to married spouses, a concept often linked to common law marriage. This can cause confusion about finances, property, and what happens if the relationship ends.
Understanding Florida’s stance on these relationships is important for cohabiting unmarried couples. Knowing what protections apply helps in making informed decisions, whether planning a future together or separating.
Current Legal Standing in Florida
Florida has not permitted new common law marriages to be formed within its borders since abolishing the practice effective January 1, 1968. This means couples who began living together in Florida after this date cannot establish a common law marriage in the state, no matter how long they live together or how they present themselves publicly.
Florida Statute 741.211 directly addresses this, stating, “No common-law marriage entered into after January 1, 1968, shall be valid.”1The Florida Senate. Chapter 741 Section 211 – 2024 Florida Statutes To be legally married in Florida, couples must obtain a marriage license, as required by Florida Statute 741.04, and have their marriage solemnized by an authorized individual, per Florida Statute 741.01.2The Florida Senate. Chapter 741 Section 04 – 2024 Florida Statutes Without these formal procedures, the state does not recognize the relationship as a marriage, which significantly affects legal rights and protections.
Recognition of Out-of-State Unions
Although Florida does not permit new common law marriages to be formed within its borders, it recognizes common law marriages validly created in other states that allow them.3Congress.gov. Article IV Section 1 | Constitution Annotated If a couple legally established a common law marriage in a state like Colorado or Texas and then moved to Florida, Florida courts will recognize their marriage.
The validity of such an out-of-state common law marriage hinges on the laws of the state where it was formed. Florida courts will examine that state’s requirements, which usually include an agreement to be married, cohabiting, and presenting themselves to the public as a married couple. A short visit to a state that allows common law marriage is insufficient; the couple must have met all legal criteria for common law marriage in that other state.
This recognition applies in various legal situations in Florida, including divorce. A couple with a recognized out-of-state common law marriage seeking to end their relationship in Florida will undergo the formal divorce process.
Property Division
When an unmarried couple in Florida separates, the division of property they acquired while living together is not subject to the equitable distribution principles of Florida Statute 61.075, which apply to divorcing spouses.4The Florida Senate. Chapter 61 Section 075 – 2024 Florida Statutes Instead, property rights for unmarried cohabitants are determined by how assets are titled.
If an asset, like a house or bank account, is titled in both names—for instance, as “joint tenants with rights of survivorship” or “tenants in common”—both individuals have a legal claim. However, if an asset is titled solely in one partner’s name, that partner is considered the legal owner. This is true even if the other partner contributed to its acquisition or maintenance, unless other specific legal claims can be successfully established.
If jointly owned property cannot be divided by agreement upon separation, either party can file a lawsuit for partition under Chapter 64 of the Florida Statutes.5The Florida Senate. Chapter 64 – 2023 Florida Statutes – Partition of Property A partition action asks the court to divide the property. This can involve the sale of the property with proceeds divided according to ownership shares, or one co-owner may be able to buy out the other’s share at a court-determined value.
To address these issues proactively, unmarried couples can enter into cohabitation agreements. These are legally binding contracts that can define how property will be owned, managed, and divided if the relationship ends, covering assets, debts, and financial responsibilities. Florida law upholds these agreements if they are entered into voluntarily and are clearly defined, though they cannot predetermine child custody or child support.
In situations where there’s no cohabitation agreement or clear joint title, a partner might attempt to claim an interest in property solely titled in the other’s name through equitable claims such as unjust enrichment or a constructive trust. Proving such claims can be challenging, and merely contributing to household expenses or performing domestic services is often insufficient.
Rights if the Relationship Ends
When a cohabiting relationship in Florida ends without a legally recognized marriage, individuals lack many rights available to divorcing spouses. For example, alimony (spousal support), which can be awarded in a Florida divorce (Florida Statute 61.08), is not available to unmarried partners as it requires a legal marriage.6Florida House of Representatives. Florida Statute 61.08 – Alimony
This lack of spousal rights extends to other benefits. If one partner was covered under the other’s employer-sponsored health insurance, there is no COBRA equivalent for unmarried partners to continue coverage post-separation. COBRA rights are for spouses and former spouses.7U.S. Department of Labor. An Employee’s Guide to Health Benefits Under COBRA
If one partner dies without a will, the surviving unmarried partner has no automatic inheritance rights under Florida’s intestacy laws (Chapter 732, Florida Statutes).8Florida House of Representatives. 2025 Florida Statutes Chapter 732 – Probate Code: Intestate Succession and Wills These laws direct the deceased’s estate to legal heirs like children or parents, not an unmarried partner. To ensure an unmarried partner inherits, the deceased must have named them in a valid will or estate plan.
Decision-making authority often presumed between spouses, such as in healthcare emergencies or for financial matters, does not automatically transfer to unmarried partners. Unless formally designated as a healthcare surrogate via an advance directive (Chapter 765, Florida Statutes) or granted financial authority through a durable power of attorney, a partner may lack legal standing to make decisions for an incapacitated partner.9The Florida Senate. Chapter 765 – 2023 Florida Statutes – Health Care Advance Directives These rights require specific legal documents.