Florida
Common Law Marriage in Florida: Is It Recognized? (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. How we verify our legal content
Florida abolished the formation of new common law marriages effective January 1, 1968. Under , no common law marriage entered into in Florida after that date is valid. Common law marriages that were formed in Florida before January 1, 1968, remain fully valid. Florida also recognizes a common law marriage that was validly formed in another state.
Information last verified on June 2, 2026.
Does Florida recognize common law marriage?
Florida no longer allows couples to form a common law marriage within the state. , enacted by the Florida Legislature, abolished the formation of new common law marriages in Florida as of January 1, 1968. The statute provides that no common law marriage entered into after that date shall be valid. This is a firm cutoff: a couple that began cohabiting in Florida after January 1, 1968, held themselves out as married, filed joint tax returns, and genuinely believed they were legally married has nonetheless not formed a recognized marriage under Florida law unless they obtained a marriage license and went through a solemnization ceremony.
Before January 1, 1968, Florida courts recognized common law marriage under the established common law doctrine. To form a valid common law marriage under that doctrine, a couple needed: (1) the legal capacity to marry, meaning neither party was already married and both were of legal age; (2) a present, mutual agreement between the parties that they were currently entering a marital relationship, not merely a plan to marry in the future; (3) cohabitation as husband and wife; and (4) public recognition of the relationship as a marriage by holding themselves out to the community as a married couple.
Because the 1968 statute is prospective only, it does not invalidate marriages that met all of those requirements before January 1, 1968. Those marriages remain in full force today.
Pre-1968 common law marriages in Florida: still valid
Any common law marriage validly formed in Florida before January 1, 1968, is legally recognized and carries the full weight of a formally solemnized marriage. Florida courts have consistently held that Fla. Stat. section 741.211 applies prospectively and does not affect pre-cutoff marriages.
For a pre-1968 Florida common law marriage to still be legally relevant today, the parties must have been in a relationship that satisfied all four elements under Florida common law before the cutoff date: capacity, present mutual agreement to be married, cohabitation, and holding out as a married couple. Courts apply a clear-and-convincing evidence standard in contested cases.
Although the practical reach of pre-1968 Florida common law marriages is narrow given that any party who was of legal age in 1967 would be in their mid-to-late 70s or older today, the legal effect is real. Such marriages can affect intestate inheritance rights under Florida Probate Code section 732.102, surviving spouse rights, and similar estate-related claims. If you believe you or a family member may have had a pre-1968 Florida common law marriage, consult a Florida family law or probate attorney for specific guidance.
Requirements that applied before January 1, 1968
Capacity. Both parties must have had legal capacity to marry: each was of legal age, neither was already married to someone else, and neither was related to the other within a prohibited degree of kinship.
Present agreement to be married. Florida courts required a present, mutual agreement between the parties that they were entering into a marital relationship at that moment. An agreement to live together, a promise to marry in the future, or a mutual understanding that the relationship was marriage-like in nature did not satisfy this element. The agreement had to be a present tense commitment to be married now.
Cohabitation. The parties must have lived together as husband and wife. No specific duration was required; even a brief cohabitation following the present agreement could satisfy this element if the other elements were also present.
Holding out publicly. The couple must have presented themselves to the community as married. Evidence courts look for includes whether each party introduced the other as a husband or wife, whether they used the same last name, whether they filed joint tax returns, and whether family, friends, employers, and neighbors regarded them as a married couple.
Does Florida recognize a common law marriage from another state?
Yes. Florida recognizes a valid common law marriage that was formed in another state, provided the marriage satisfied all the legal requirements of that state at the time it was formed. This recognition flows from two sources: the Full Faith and Credit Clause of the United States Constitution, which requires each state to give legal effect to the public acts, records, and judicial proceedings of sister states, and the principle of comity under which Florida courts honor legal relationships validly created in other jurisdictions.
As of 2026, the states that still allow new common law marriages to be formed include Colorado, Iowa, Kansas, Montana, Oklahoma (with some contested agency recognition), Rhode Island, Texas (where it is called informal marriage under ), and Utah (which requires a court or administrative order to validate the marriage). The District of Columbia also recognizes common law marriage formation.
A couple who formed a valid common law marriage in Colorado and later moves to Florida retains that marital status in Florida. Florida courts and agencies treat them as legally married for purposes of divorce and property division, spousal support, intestate inheritance under the Florida Probate Code, spousal privilege in legal proceedings, and all other legal incidents of marriage.
To establish Florida recognition of an out-of-state common law marriage, the party asserting the marriage must prove that the couple met all the requirements of the state where the marriage was formed. The elements are governed by the originating state's law, not Florida law. For example, establishing a valid Texas informal marriage requires proof of an agreement to be married, cohabitation in Texas, and representation to others in Texas that they were married, consistent with .
Florida courts have applied this recognition principle in probate and divorce proceedings involving couples who moved to Florida after forming common law marriages elsewhere.
How to prove a common law marriage in Florida
Because a common law marriage, whether pre-1968 Florida or from another state, leaves no marriage license or certificate, the party asserting it carries the burden of proof. Florida courts apply a clear-and-convincing evidence standard in contested proceedings. Evidence commonly submitted includes:
- Joint federal and state income tax returns filed with the parties identified as married or as husband and wife
- Joint bank accounts, joint deeds, or joint mortgage and lease agreements in both names
- Life insurance policies or retirement account beneficiary designations naming the partner as a spouse
- Loan or credit applications, employee benefit enrollment forms, or government agency forms identifying the relationship as a marriage
- Sworn affidavits from both parties or from the surviving party attesting to the marital relationship
- Testimony from family members, friends, neighbors, coworkers, or clergy who knew the couple as married
- Written correspondence, greeting cards, or social media records in which the parties referred to each other as husband, wife, or spouse
- Use of a shared last name or evidence that one party adopted the other's surname
- Birth certificates of children listing both parties as parents with the same last name
No single document is conclusive. Courts assess the totality of the evidence against the required elements under the law of the state where the marriage was allegedly formed.
The 7-year myth
One of the most persistent misconceptions about common law marriage is the belief that living together for 7 years automatically creates a marriage. This is false in every state in the United States, including Florida, and including every state that still permits common law marriage formation.
No state has ever set a fixed minimum number of years of cohabitation as a requirement or automatic trigger for common law marriage. The states that permit common law marriage formation focus on the intent and conduct of the parties: a present mutual agreement to be married, cohabitation in that state, and public representation of the marriage to the community. Duration of cohabitation can be relevant as circumstantial evidence of intent, but even decades of cohabitation do not create a marriage without the required intent and holding out.
In Florida, this point is especially important. Not only is there no 7-year rule, but Florida has not recognized common law marriage formation at all since January 1, 1968. A couple that has cohabited in Florida for 7 years, 27 years, or any other period has not formed a legal marriage simply by virtue of that cohabitation, absent a license and ceremony.
How a common law marriage ends
A valid common law marriage, whether a pre-1968 Florida marriage or a common law marriage validly formed in another state, can only be terminated by a formal divorce or by the death of a spouse. There is no such thing as a "common law divorce" in Florida. Simply separating, dividing possessions, ceasing to live together, or telling others the relationship is over does not dissolve a legal marriage.
This rule has significant practical consequences. A person who had a valid pre-1968 Florida common law marriage and later "separated" without filing for divorce may still be legally married today if both parties are living. A person who formed a valid common law marriage in Colorado, then moved to Florida, and ended the relationship informally without a divorce is still legally married under Florida law. Entering into a new marriage in Florida without first obtaining a divorce from the prior marriage would create a void marriage.
Florida divorce proceedings to dissolve a common law marriage follow the same procedural and substantive rules that govern any other Florida dissolution of marriage action under Chapter 61 of the Florida Statutes. The court applies the same rules for equitable distribution of marital assets and liabilities under , the same alimony factors under , and the same child support guidelines under .
For more on the financial aspects of dissolving a marriage in Florida, see Florida alimony laws and Florida child support laws.
For a state-by-state comparison of common law marriage recognition across all 50 states and DC, see Common law marriage by state.
Disclaimer: This page provides general legal information about common law marriage in Florida and is not legal advice. Marriage and family law determinations are fact-specific and depend on individual circumstances, including the law of the state where any claimed common law marriage was formed. This information was verified as of June 2, 2026. Consult a licensed Florida family law attorney for advice about your specific situation.
Last updated: June 2, 2026.
More Florida Laws
Frequently Asked Questions
Does Florida recognize common law marriage?
Florida no longer allows new common law marriages to be formed within the state. Under Fla. Stat. section 741.211, the formation of new common law marriages was abolished effective January 1, 1968. Common law marriages validly formed in Florida before that date remain fully recognized. Florida also recognizes valid common law marriages formed in other states.
Is common law marriage legal in Florida?
New common law marriages cannot be formed in Florida as of January 1, 1968. However, a common law marriage that was validly formed in Florida before that date remains legally valid. Florida also recognizes common law marriages validly formed in states that still permit them, such as Colorado, Texas, Iowa, and others.
How long do you have to live together to be common law married in Florida?
There is no minimum time period and never has been. Before the January 1, 1968, abolition, Florida did not require any specific number of years of cohabitation. What mattered was a present mutual agreement to be married, cohabitation, and holding out publicly as a married couple. Since 1968, no period of cohabitation creates a common law marriage in Florida regardless of duration. The idea that living together for 7 years creates a marriage is a myth with no basis in Florida law.
When did Florida abolish common law marriage?
Florida abolished common law marriage formation effective January 1, 1968, through Fla. Stat. section 741.211. The statute provides that no common law marriage entered into after that date is valid or recognized under Florida law.
Does Florida recognize a common law marriage from another state?
Yes. Florida recognizes a valid common law marriage formed in any state that permits such marriages, provided the couple met that state's requirements when the marriage was created. This follows the Full Faith and Credit Clause of the U.S. Constitution and Florida's comity principles. The couple retains full marital status in Florida.
How do I prove a common law marriage in Florida?
Florida courts apply a clear-and-convincing evidence standard. Evidence commonly used includes joint tax returns filed as married, joint bank or real estate records, insurance policies naming the partner as a spouse, sworn affidavits from both parties or witnesses, and testimony from family, friends, or coworkers who knew the couple as married. No single document is conclusive; courts assess the totality of the evidence.
How do I end a common law marriage in Florida?
A valid common law marriage ends only through a formal divorce or the death of a spouse. There is no 'common law divorce.' A pre-1968 Florida common law marriage or an out-of-state common law marriage recognized in Florida must be dissolved through a Florida dissolution of marriage proceeding under Chapter 61 of the Florida Statutes, following the same rules as any other Florida divorce.
Updates
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The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Florida Statutes
§ 61.075Equitable distribution of marital assets and liabilities.In forcecited in 2 of our articles
(1) In a proceeding for dissolution of marriage, in addition to all other remedies available to a court to do equity between the parties, or in a proceeding for disposition of assets following a dissolution of marriage by a court which lacked jurisdiction over the absent spouse or lacked jurisdiction to dispose of the assets, the court shall set apart to each spouse that spouse’s nonmarital assets and liabilities, and in distributing the marital assets and liabilities between the parties, the court must begin with the premise that the distribution should be equal, unless there is a justification for an unequal distribution based on all relevant factors, including:(a) The contribution to the marriage by each spouse, including contributions to the care and education of the children and services as homemaker. (b) The economic circumstances of the parties. (c) The duration of the marriage. (d) Any interruption of personal careers or educational opportunities of either party. (e) The contribution of one spouse to the personal career or educational opportunity of the other spouse.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 189 court opinionsMost recently applied by a court: 2026
Leading cases:
- Amendments to the Florida Family Law Rules of Procedure & Family Law Forms (Supreme Court of Florida 2000, 26 Fla. L. Weekly Supp. 13)“…d liabilities of this marriage are to be distributed, under section 61.075, Florida Statutes. _ c. Petitioner should be awarded an…”
- Glover v. Glover (District Court of Appeal of Florida 1992, 601 So. 2d 231)“…e distribution of the marital assets and liabilities. See section 61.075, Florida Statutes (1989); Hamlet v. Hamlet, 583 So.2d…”
- Amendments to the Florida Family Law Rules (Supreme Court of Florida 1998, 23 Fla. L. Weekly Supp. 105)“…f this marriage are to be distributed, under section 61.075, Florida Statutes. *44 ____ c. Petitioner shou…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Florida Divorce Laws (2026): Grounds, Residency, and Process
§ 61.08Alimony.In forcecited in 2 of our articles
(1)(a) In a proceeding for dissolution of marriage, the court may grant alimony to either party in the form or forms of temporary, bridge-the-gap, rehabilitative, or durational alimony, as is equitable. In an award of alimony, the court may order periodic or lump sum payments. The court may consider the adultery of either spouse and any resulting economic impact in determining the amount of alimony, if any, to be awarded. (b) The court shall make written findings of fact regarding the basis for awarding a form or any combination of forms of alimony, including the type of alimony and the length of time for which the alimony is awarded. The court may award a combination of forms of alimony or forms of payment, including lump sum payments, to provide greater economic assistance in order to allow the obligee to achieve self-support. (2)(a) In determining whether to award support, maintenance, or alimony, the court shall first make a specific, factual determination as to whether the party seeking support, maintenance, or alimony has an actual need for it and whether the other party has the ability to pay support, maintenance, or alimony.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 227 court opinionsMost recently applied by a court: 2026
Leading cases:
- In Re Family Law Rules of Procedure (Supreme Court of Florida 1995, 20 Fla. L. Weekly Supp. 581)“…written findings of fact that address the factors listed in section 61.08, Florida Statutes, when granting or denying a request for…”
- Pacheco v. Pacheco (Supreme Court of Florida 1971, 246 So. 2d 778)“…4(2) (1968), F.S.A. We must consider the validity of Fla. Stat. § 61.08 (1967), F.S.A. preliminary to our cons…”
- Berger v. Berger (District Court of Appeal of Florida 2016, 201 So. 3d 819)“…(1) even though the marriage was a long term marriage under section 61.08, Florida Statutes (2014), the court did not find that a r…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Florida Alimony Laws: Types, Duration, and the 2023 Reform (2026)
§ 61.30Child support guidelines; retroactive child support.In forcecited in 3 of our articles
(1)(a) The child support guideline amount as determined by this section presumptively establishes the amount the trier of fact must order as child support for a minor child, or a child who is dependent in fact and between the ages of 18 and 19 and who is still in high school and is performing in good faith with a reasonable expectation of graduation before he or she reaches the age of 19, in an initial proceeding for such support or in a proceeding for modification of an existing order for such support, whether the proceeding arises under this or another chapter. The trier of fact may order payment of child support which varies, plus or minus 5 percent, from the guideline amount, after considering all relevant factors, including the needs of the child or children, age, station in life, standard of living, and the financial status and ability of each parent. The trier of fact may order payment of child support in an amount which varies more than 5 percent from such guideline amount only upon a written finding explaining why ordering payment of such guideline amount would be unjust or inappropriate.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 239 court opinionsMost recently applied by a court: 2026
Leading cases:
- Amendments to the Florida Family Law Rules of Procedure & Family Law Forms (Supreme Court of Florida 2000, 26 Fla. L. Weekly Supp. 13)“…upport as determined by Florida’s child support guidelines, section 61.30, Florida Statutes. A completed Child Support Guidelines W…”
- Finley v. Scott (Supreme Court of Florida 1998, 707 So. 2d 1112)“…the child and also sought support for the child pursuant to section 61.30, Florida Statutes (1993). By order dated January 25, 19…”
- In Re Family Law Rules of Procedure (Supreme Court of Florida 1995, 20 Fla. L. Weekly Supp. 581)“…set by Florida's child support guidelines (see section 61.30, Florida Statutes). f. ____ Child support should NOT…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Florida Child Support Laws (2026): Guidelines & Calculator
§ 732.102Spouse’s share of intestate estate.In forcecited in 2 of our articles
The intestate share of the surviving spouse is:(1) If there is no surviving descendant of the decedent, the entire intestate estate. (2) If the decedent is survived by one or more descendants, all of whom are also descendants of the surviving spouse, and the surviving spouse has no other descendant, the entire intestate estate. (3) If there are one or more surviving descendants of the decedent who are not lineal descendants of the surviving spouse, one-half of the intestate estate. (4) If there are one or more surviving descendants of the decedent, all of whom are also descendants of the surviving spouse, and the surviving spouse has one or more descendants who are not descendants of the decedent, one-half of the intestate estate.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 4 court opinionsMost recently applied by a court: 2017
Leading cases:
- Cohen v. Shushan (District Court of Appeal of Florida 2017, 212 So. 3d 1113)“…f Mr. Cohen's passing; thus, according to the court, under section 732.102, Florida Statutes (2013), Ms. Shushan was entitled to a s…”
- Lowe v. Broward County (District Court of Appeal of Florida 2000, 766 So. 2d 1199)“…ht to an elective share in the estate of a deceased spouse (Fla.Stat. § 732.102); the right to enter into a gestational…”
- In Re Estate of Killinger (District Court of Appeal of Florida 1984, 448 So. 2d 1187)“…te was administered pursuant to the intestate provisions of section 732.102, Florida Statutes (1981). Distribution of the assets was…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Florida Probate and Intestate Succession: What Happens Without a Will (2026)
§ 741.211Common-law marriages void.In forcecited in 2 of our articles
No common-law marriage entered into after January 1, 1968, shall be valid, except that nothing contained in this section shall affect any marriage which, though otherwise defective, was entered into by the party asserting such marriage in good faith and in substantial compliance with this chapter.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at leg.state.fl.us
Cited in 21 court opinionsMost recently applied by a court: 2022
Leading cases:
- Johnson v. Lincoln Square Properties, Inc. (District Court of Appeal of Florida 1990, 571 So. 2d 541)“…Florida does not recognize common law marriages pursuant to section 741.211, Florida Statutes (1987). The trial court agreed and dism…”
- Hall v. MAAL (District Court of Appeal of Florida 2010, 32 So. 3d 682)“…much broader savings clause than the one that exists under section 741.211, Florida Statutes (2002), was held not to apply because a…”
- Lowe v. Broward County (District Court of Appeal of Florida 2000, 766 So. 2d 1199)“…lation. We reject Lowe's contention that the DPA violates section 741.211, Florida Statutes (1999), which prohibits recognition of…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage by State: Where It's Recognized (2026)
Texas Family Code
§ 2.401PROOF OF INFORMAL MARRIAGEIn forcecited in 22 of our articles
(a) In a judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that: (1) a declaration of their marriage has been signed as provided by this subchapter; or (2) the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married. (b) If a proceeding in which a marriage is to be proved as provided by Subsection (a)(2) is not commenced before the second anniversary of the date on which the parties separated and ceased living together, it is rebuttably presumed that the parties did not enter into an agreement to be married. (c) A person under 18 years of age may not: (1) be a party to an informal marriage; or (2) execute a declaration of informal marriage under Section 2.402. (d) A person may not be a party to an informal marriage or execute a declaration of an informal marriage if the person is presently married to a person who is not the other party to the informal marriage or declaration of an informal marriage, as applicable.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 98 court opinionsMost recently applied by a court: 2026
In the courts (editorial summary, independently checked):Joplin v. Borusheski (2008) applied section 2.401(b): a suit filed over two years after separation raises a rebuttable presumption the parties never agreed to marry, which that proponent did not rebut. In Lan Ngoc Nguyen v. Dinh Duc Nguyen (2011) the 2.401(d) prior-marriage impediment was not proved, and that finding was reversed.
Leading cases:
- Lan Ngoc Nguyen v. Dinh Duc Nguyen (Texas Court of Appeals, 1st District (Houston) 2011, 355 S.W.3d 82)✓A husband fought his wife's divorce petition by claiming an earlier Vietnamese marriage was an impediment under Section 2.401(d); the court found the proof of that prior marriage factually insufficient and remanded to decide the statute's three informal-marriage elements.
- Assoun v. Gustafson (Court of Appeals of Texas 2016, 493 S.W.3d 156)✓An ex-husband sued to have his former wife declared informally married to her boyfriend, ending his alimony; applying Section 2.401(a), the court affirmed summary judgment for the couple because their sworn denials of any agreement to marry defeated his circumstantial proof.
- Joplin v. Borusheski (Texas Court of Appeals, 5th District (Dallas) 2008, 244 S.W.3d 607)✓A man filed for divorce in 2005 claiming a common-law marriage, more than two years after the couple stopped living together; the court applied Section 2.401(b)'s rebuttable presumption of no agreement to marry and held his testimony failed to rebut it.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage in Arizona: Is It Recognized? (2026), Common Law Marriage in Arkansas: Is It Recognized? (2026), Common Law Marriage in Delaware: Is It Recognized? (2026)
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Sources and References
- Fla. Stat. section 741.211, Common-law marriages void(leg.state.fl.us)
- Fla. Stat. section 61.075, Equitable distribution of marital assets and liabilities(leg.state.fl.us)
- Fla. Stat. section 61.08, Alimony(leg.state.fl.us)
- Fla. Stat. section 61.30, Child support guidelines(leg.state.fl.us)
- Fla. Stat. section 732.102, Spouse share of intestate estate(leg.state.fl.us)
- U.S. Constitution Article IV section 1 (Full Faith and Credit Clause)(law.cornell.edu)
- Texas Family Code section 2.401, Informal Marriage(statutes.capitol.texas.gov)