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Common Law Marriage in Florida

Florida abolished common law marriage: no common law marriage entered into after January 1, 1968 is valid.

Last checked . General information, not legal advice.

Florida at a glance

New common law marriages allowed
No, abolished
Cutoff date
January 1, 1968
Marriages entered into before that date are not affected by the bar.
Requirements
Not available for new marriages
The statute saves a defective marriage entered in good faith and in substantial compliance with the marriage chapter.

Sources

Last checked

The rules in Florida

Can a couple form a common law marriage in Florida today?

No, abolished. New common law marriages allowed in Florida: no, abolished.

When did Florida stop recognizing new common law marriages?

Cutoff date in Florida: January 1, 1968. Marriages entered into before that date are not affected by the bar.

What are the requirements for a common law marriage in Florida?

Requirements in Florida: Not available for new marriages. The statute saves a defective marriage entered in good faith and in substantial compliance with the marriage chapter.

Where do the Florida common law marriage laws come from?

The rules above come from Fla. Stat. 741.211. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Living together for a long time does not by itself create a marriage. Where common law marriage is allowed, the key question is usually whether both partners agreed to be married and acted that way in public, for example by using the same last name, filing joint tax returns or calling each other husband or wife.

A valid common law marriage can only be ended by divorce or death, just like a licensed marriage. There is no informal way to undo it by moving out. The question of whether a marriage existed often comes up later, in a divorce, an inheritance dispute or a claim for spousal benefits.

Couples who want clear proof of their status can sign a written declaration or affidavit of marriage where state law provides for one, or simply obtain a marriage license. Couples who live together and do not want to be married can sign a cohabitation agreement that sets out how property and expenses are handled.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.