Family · Common-Law Marriage
Common-Law Marriage in Florida
Whether Florida lets a couple become married without a license, whether it honors a common-law marriage formed elsewhere, the elements that count, and why the seven-year rule is a myth. Cited to the statute or controlling law.
The rules and exceptions in Florida
Whether you can form one here, whether a marriage from another state is recognized, and the elements that actually matter.
| The rule in this state | What it means |
|---|---|
| No new common-law marriage since 1968 | Section 741.211 says no common-law marriage entered into after January 1, 1968 is valid. Couples cannot become married just by living together, no matter how long. |
| The "7 years" myth | There is no rule that seven years of living together makes you married in Florida. Time living together is irrelevant; only a licensed, solemnized marriage, or a valid out-of-state marriage, counts. |
| Pre-1968 marriages survive | A common-law marriage validly formed in Florida before January 1, 1968 remains valid today. |
| Exceptions and details | What it means |
|---|---|
| Out-of-state marriage is recognized | Florida recognizes a marriage, including a common-law marriage, validly formed in another state that allows one. A couple who became common-law married in a recognizing state and moved to Florida stays married, and a Florida court can grant a divorce on clear and convincing proof. |
| Good-faith substantial-compliance carve-out | Section 741.211 preserves a defective Florida marriage entered in good faith and in substantial compliance with the marriage chapter. That is a narrow putative-spouse exception, not a common-law-marriage route. |
What you can do right now
Concrete, neutral steps to confirm your marital status in Florida. This is legal information, not legal advice.
- Do not assume cohabitation makes you married
Florida creates no common-law marriage after 1968, regardless of how long you live together. Without a licensed marriage or a valid out-of-state one, you are not spouses in Florida.
- If you moved from a recognizing state, you may be married
A common-law marriage validly formed in Texas, Colorado, or another allowing state is recognized in Florida. Keep records that show the marriage met that state’s requirements.
- Prove an out-of-state marriage with clear evidence
To have a Florida court treat you as married, you must show by clear and convincing proof that the marriage was valid where formed. Gather documents that establish agreement, cohabitation, and holding out.
- Talk to a Florida family lawyer about status
Recognition of an out-of-state marriage is fact-specific. A licensed Florida family attorney can assess it for divorce or inheritance. The Florida Bar can refer you to one.
Whether a common-law marriage exists or is recognized turns on specific facts and dates. This resource can connect you with a licensed family attorney who can assess it.
→ The Florida Bar — Lawyer Referral ServiceThis is general legal information, not legal advice. The elements, the dates, and out-of-state recognition can change the answer, so confirm your status with a licensed attorney.
What people get wrong about Florida common-law marriage
Florida does not recognize new common-law marriages, and it has not since 1968. Section 741.211 states plainly that no common-law marriage entered into after January 1, 1968 is valid, so living together, no matter how long, never makes a Florida couple married. The seven-year myth is exactly that, a myth. But the fact that decides most real cases is the exception. Florida recognizes a marriage, including a common-law marriage, that was validly formed in a state that allows one, so a couple who became common-law married in Texas or Colorado and then moved to Florida stays legally married and would need a divorce to separate. Proving it takes clear and convincing evidence that the marriage met the other state’s rules. There is also a narrow good-faith exception in the statute for a defective Florida marriage entered in substantial compliance with the marriage laws, but that is a putative-spouse rule, not a path to common-law marriage. In short: Florida makes none of its own, but honors valid ones from elsewhere.
Common questions
Does Florida recognize common-law marriage?
Not new ones. Under §741.211 no common-law marriage entered into after January 1, 1968 is valid. But Florida recognizes a common-law marriage validly formed in a state that allows one.
Is there a seven-year rule in Florida?
No. Time living together is irrelevant. Florida creates no common-law marriage regardless of duration; only a licensed marriage, or a valid out-of-state marriage, makes a couple married.
We were common-law married in another state and moved to Florida. Are we married?
Generally yes. Florida recognizes a common-law marriage validly formed in a state that allows one. A Florida court can grant a divorce on clear and convincing proof the marriage was valid where formed.
What is the good-faith exception in §741.211?
It preserves a defective Florida marriage entered in good faith and in substantial compliance with the marriage chapter. It is a narrow putative-spouse rule, not a way to create a common-law marriage.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.