Common Law Unions in the Sunshine State

A concept that often creates confusion, common law is a term that refers to couples who are not formally married but do live together as partners. While some states recognize common law unions and provide certain legal protections to these couples, Florida is not one of them.

Have a conversation with a West Palm Beach family attorney if you want to understand the legal nuances of long-term relationships and learn more about how to protect your interests. By working with an experienced legal professional, you can create a solid foundation that shields both you and your partner from potential legal troubles, providing peace of mind.

What is Common Law Marriage?

Common law marriage is a type of union where a couple is considered legally married without having gone through a formal ceremony or obtained a marriage license. The requirements for establishing a common law marriage vary by state but generally include living together for a significant period, presenting yourselves as a married couple, and intending to be married.

In states that recognize common law unions, couples may be entitled to the same legal rights and obligations as those who are formally married. This includes property division, inheritance rights, and spousal support in the event of a breakup or death.

Currently, only a handful of states recognize common law marriage. These states include:

• Colorado
• Iowa
• Kansas
• Montana
• New Hampshire (for inheritance purposes only)
• Oklahoma
• Rhode Island
• South Carolina
• Texas
• Utah

Additionally, the District of Columbia recognizes common law marriage. It’s important to note that each of these states has specific requirements for what constitutes a common law marriage and that the state of Florida is not on the list.

How Can I Protect Myself Without a Formal Marriage?

For couples in Florida who are not married but live together, it’s important to take steps to protect yourself legally in the event of a breakup. Here are some ways to do so:

• Cohabitation agreement. A legal document that outlines each partner’s rights and obligations, a cohabitation agreement can address issues such as property division, financial support, and debt responsibility.
• Estate planning. Since common law partners in Florida do not have automatic inheritance rights, it’s essential to create an estate plan that ensures your partner is provided for in the event of your death. This can include drafting a will, naming your partner as a beneficiary on life insurance policies, and setting up joint accounts or trusts.
• Power of attorney. Granting your partner a power of attorney can give them the legal authority to make decisions on your behalf in case of illness or incapacity.

A West Palm Beach family attorney can guide you through the process of protecting your rights.

Were you and your partner recently discussing what rights you have as a long-term couple? Whether it’s drafting a cohabitation agreement, setting up an estate plan, or providing guidance on other legal matters, the legal team at Bruce S. Rosenwater & Associates can ensure that you are both safeguarded in the event of a breakup or other life changes. Schedule your confidential consultation today.