Am I Protected by Common Law Rules?
Wondering about common law marriage protections is common for long-term couples, particularly if they’ve been together for years without formalizing their union through a legal ceremony. In some states, common law marriage offers an unmarried couple the same rights and protections as a married couple, but that is not true in the state of Florida.
It’s essential to understand what the law says about your rights, whether you are single, in a relationship, or married. To learn about what legal protections you have and any additional protections you need to secure, have a conversation with a Port St. Lucie family law attorney.
Common Law Unions from Other States
Florida abolished common law marriage in 1968, which means that couples who live together but are not legally married do not have the same rights and protections as those who are married under Florida law. No matter how long you’ve been together or how much your relationship resembles a marriage, you will not be considered legally married in Florida unless you go through the formal process of obtaining a marriage license and having a ceremony.
That said, the state does recognize common law marriages that were established in other states where such unions are legal. If you and your partner entered into a common law marriage in a state that recognizes it and then moved to Florida, the state will honor it. This can have significant implications for property rights, inheritance, and other legal issues.
But even if you don’t have common law protections from another state, there are legal tools available to help safeguard your security when you are in a long-term union.
- Cohabitation agreements. Couples who live together in Florida can create a cohabitation agreement, which is kind of like a prenuptial agreement for unmarried partners. These agreements outline how assets will be divided if the relationship ends. This includes who is responsible for certain financial obligations and how property and debt will be handled, preventing disputes down the line.
- Estate planning. If you are not married, your partner will not automatically inherit your assets if something happens to you. To ensure that your partner is provided for, it’s important to create an estate plan that includes a will or trust. This allows you to designate your partner as a beneficiary and make sure your wishes are honored.
- Health care directives. Another important consideration for long-term couples is health care decision-making. By drafting a health care directive or a durable power of attorney for health care, you can give your partner the authority to act on your behalf if you are incapacitated.
If you’re unsure about your legal rights as an unmarried couple or need assistance creating a legal strategy, consult with a Port St. Lucie family law attorney.
Turn to a Legal Professional for Help
Do you have questions about the law and your long-term relationship? The family lawyers at Baginski, Brandt & Brandt can help you navigate the complexities of Florida law and protect your interests. Contact us today to book your confidential consultation.
