Common Law Marriage in Florida
State-specific overview · Family Law
Florida does not recognize common law marriage, requiring a formal license and ceremony for all marriages.
How Florida treats Common Law Marriage
Florida abolished common law marriage and requires couples to obtain a marriage license and have a judge, clerk, or authorized official perform the ceremony. Cohabitation and mutual agreement do not create a valid marriage in Florida. However, Florida recognizes common law marriages that were validly established in other jurisdictions before those jurisdictions abolished the practice. Couples in Florida must comply with formal statutory marriage requirements.
The general definition of Common Law Marriage
A marriage created by mutual agreement and cohabitation, without a formal ceremony or license.
Common law marriage is a legal marriage that exists without a wedding ceremony or marriage license, based simply on a couple's agreement to be married and their living together as spouses. Not all states recognize it, but those that do treat common law marriages the same as formal ones for purposes of property division, inheritance, and divorce. The couple must meet specific requirements, like living together for a certain period and presenting themselves publicly as married.
Read the full Common Law Marriage entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Florida.