No, you are not legally married after 7 years of living together in Florida.
Understanding Common Law Marriage in Florida
Florida does not recognize common-law marriages. This means that no matter how long a couple lives together—whether it's seven years, twenty years, or any other length of time—they do not automatically acquire the legal status of marriage. Even if a couple has developed the habits and reputation of being married within their community, the state of Florida will not consider them legally wed.
The concept of common-law marriage, where couples become legally married simply by living together and presenting themselves as spouses, is not valid under Florida law. Therefore, merely cohabiting for a specific duration does not grant partners the rights, responsibilities, or recognition that come with a formal marriage.
Distinguishing Legal Marriage from Cohabitation in Florida
It's crucial for residents to understand the fundamental differences between being legally married and simply cohabiting, as the legal implications are vastly different.
Aspect | Legal Marriage in Florida | Cohabitation (Any Duration) |
---|---|---|
Legal Recognition | Yes, through a formal ceremony and license | No, not automatically recognized by the state |
Marital Rights | Automatic (e.g., inheritance, tax benefits) | None, unless specified by separate legal documents |
Spousal Support | May be awarded during divorce | No automatic right to support |
Property Division | Subject to equitable distribution laws | Based on ownership titles or separate agreements |
Healthcare Decisions | Automatic next-of-kin rights | Requires specific legal documents (ee.g., POA) |
Ending the Relationship | Requires a formal divorce process | Simply involves separation; no legal process needed |
How to Get Legally Married in Florida
To be legally married in Florida, couples must follow a formal process established by state law. This involves several key steps:
- Obtain a Marriage License: Couples must apply for and receive a marriage license from a county clerk's office in Florida. There is typically a waiting period of three days between obtaining the license and the ceremony, unless specific conditions are met.
- Conduct a Marriage Ceremony: A marriage ceremony must be performed by an authorized individual. This can include:
- An ordained minister or religious leader
- A judicial officer (such as a judge or retired judge)
- A clerk of the circuit court
- A notary public
- Return the Signed License: After the ceremony, the officiant must sign the marriage license and return it to the county clerk's office within a specified timeframe (usually 10 days) for it to be officially recorded.
For more details on marriage licenses and ceremonies, you can consult resources from the Florida Clerks of Court & Comptrollers, such as the information found on their official website: Florida Clerks of Court - Marriage Licenses.
Important Considerations for Unmarried Partners in Florida
Since Florida does not recognize common-law marriage, unmarried partners living together should take proactive steps to protect their individual interests and clarify their relationship's legal and financial aspects. Important considerations include:
- Estate Planning: Without a legal marriage, a partner has no automatic inheritance rights. Creating a will, designating beneficiaries on accounts, and establishing trusts are crucial to ensure assets are distributed as desired.
- Healthcare Directives: To grant a partner the authority to make medical decisions on your behalf in an emergency, you should execute a healthcare power of attorney and a living will.
- Property Ownership: Clearly define ownership of joint assets, such as real estate or vehicles. This can be done through joint titling, cohabitation agreements, or other legal documents.
- Financial Agreements: Consider formalizing financial arrangements through a written cohabitation agreement or domestic partnership agreement, which can outline responsibilities for shared expenses, debts, and property.
- Power of Attorney: Granting a general power of attorney allows a partner to handle financial and legal matters on your behalf if you become incapacitated.
Understanding these distinctions and taking appropriate legal measures is essential for unmarried couples in Florida to safeguard their interests and ensure their wishes are honored.