Common Law Marriage in Florida: Is It Recognized? (2026)
Common Law Marriage in Florida: Is It Recognized? (2026)
Florida abolished the formation of new common law marriages effective January 1, 1968. Under Fla. Stat. section 741.211, no common law marriage entered into in Florida on or 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. Fla. Stat. section 741.211, 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 Texas Family Code section 2.401), 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 Texas Family Code section 2.401.
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 Fla. Stat. section 61.075, the same alimony factors under Fla. Stat. section 61.08, and the same child support guidelines under Fla. Stat. section 61.30.
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.
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Sources
- Fla. Stat. section 741.211, Common-law marriages void. Florida Legislature. leg.state.fl.us
- Fla. Stat. section 61.075, Equitable distribution of marital assets and liabilities. Florida Legislature. leg.state.fl.us
- Fla. Stat. section 61.08, Alimony. Florida Legislature. leg.state.fl.us
- Fla. Stat. section 61.30, Child support guidelines. Florida Legislature. leg.state.fl.us
- Fla. Stat. section 732.102, Spouse's share of intestate estate. Florida Legislature. leg.state.fl.us
- U.S. Constitution, Article IV, section 1 (Full Faith and Credit Clause). Cornell Legal Information Institute. law.cornell.edu
- Texas Family Code section 2.401, Informal Marriage. Texas Legislature. statutes.capitol.texas.gov
Last updated: June 2, 2026.