Cohabitation And Florida Common Law Marriage Facts You Need To Know

cohabitation floridaFort Lauderdale Divorce Attorney Answers Questions About Florida Cohabitation Law And Common Law Marriage

My girlfriend asked me to define our relationship but I’m unsure. We live in Fort Lauderdale Fl and both of us have lived through our families divorce so I’m hesitant. What’s the definition of cohabitation under Florida law? Is it like married living?

Sort of.  You’re right in that it’s two people living together as husband and wife. It also includes the mutual assumption of marital duties and obligations that occur with married couples. The difference is that cohabiting couples have no legal sanction for their union. Most importantly, Fl law doesn’t recognize cohabitation. Consequently, these couples aren’t able to claim rights if they split like they would be able to in divorce.

The Basics Of Common Law Marriage

My man Bill and I have lived together in Florida for five years like a lot of couples living together these days. My mom keeps pressuring me to get legally married. She says I’m don’t have any protection under the law just by being in cohabitation. Most of all, that he could walk away and I wouldn’t get anything close to what I would get in a Fort Lauderdale divorce. This is besides the fact that she also thinks we’re living in sin which she considers punishable as being lewd. 

Even though we haven’t made anything official, my friend at work said her aunt told her that we’re in a common law marriage. I don’t know much about Florida law and googled it but can’t find anything about common law marriage being legit. We also know plenty of couples marriages that have ended in divorce so I don’t know what to do. Is it true that Fort Lauderdale doesn’t recognize common law marriages?

Although her tact is questionable, your mom’s right when she said you’re probably sol if you split. Under Florida’s marriage family ideal, you don’t have any of the protections a married couple would when calling it quits. Therefore, you wouldn’t have any rights that a spouse could assert in divorce.

cohabitationFort Lauderdale Divorce Attorney Answers Questions About Fl Common Law Marriage

What’s the definition of common law marriage? If we split, do we get a common law divorce?

A common law marriage isn’t solemnized according to Fl law, but instead created by the parties’ agreement to marry. Additionally, cohabitation for a number of years followed this agreement. The couple would themselves out as husband and wife and were seemingly parties to a valid Florida marriage to the outside world. These couples did once enjoy the protections provided under Florida law. However, this is no longer the case. Fl divorce law doesn’t provide rights to a couple if they aren’t legally married.

My partner and I recently moved to Fort Lauderdale. We began our relationship in one of the common law marriage states. Our form of cohabitation was recognized by law. My other half isn’t convinced that our common law marriage holds up in Florida. Are we still cohabiting married in the common law sense in Fort Lauderdale? Or are we out of luck?

Florida law doesn’t recognize cohabitation or common law marriage. However, Florida doesn’t  invalidate a common law marriage entered into after 1968 in a state that does recognize it as valid. In conclusion, you’re safe.

Florida Cohabitation Law and Alimony Modification Explained By Fort Lauderdale Divorce Attorney

I live in Fort Lauderdale and my ex-wife lives in Boca Raton. We recently got a divorce and I’m paying alimony. If she is living in cohabitation with her personal trainer, is there anything I can do to modify support payments?

In 2005, Florida law added a supportive relationship, otherwise known as common law marriage, as grounds for modification of alimony payments. The provision is generally referred to as the states cohabitation law which is often misleading. Moreover, the statute doesn’t create any rights for couples involved in what would otherwise be recognized as a common law marriage. Rather, it simply codifies a basis for modification of an alimony obligation between former spouses. Consequently, it doesn’t provide any validity to cohabitation or common law marriage in Florida.

common law marriage FloridaDon’t Let Cohabitation And Ignorance Of Fl Common Law Marriage Ruin Your Life

The marital relationship, by its nature, creates rights and obligations between husband and wife and third parties. Consequently, a client can’t change this by mutual consent because they depend on stat­utory and common law. As any Fort Lauderdale attorney who practices divorce law will tell you,  Fl common law marriage was abolished by legislative committees for relationships beginning January 1st , 1968, and after.

The Difference Between Fort Lauderdale Cohabitation And Common Law Marriage In Florida

Cohabitation is a relationship between two people which in some or many respects resembles a marriage.  It also involves  living  together in the same household and includes sexual relations like other marriages couples enjoy. In addition, includes the mutual assumption of marital duties and obligations that occur with married couples. The difference is that there’s no legal sanction. Couples enter into a marriage relationship for different reasons and some choose to do away with the tradition.

Click  Fort Lauderdale Divorce Attorney  today to schedule your consultation. Proudly serving Boca Raton, Delray Beach, West Palm Beach and all of Palm Beach County, Florida.

Boca Raton Family Lawyers Practice Areas Include:

  • Florida Prenuptial Agreement

  • Post Marital Agreement

  • Simplified Dissolution of Marriage

  • Contested Divorce

  • Uncontested Divorce

  • High Net Worth Divorce

  • Annulment

  • Florida Alimony Laws

  • Equitable Distribution

  • Division of Retirement Benefits In Florida Divorce

  • Legal Separation Agreement

  • Division of Property

  • Imputing Income

  • Dissipation of Marital Assets

  • Modification of Alimony Payments

  • Florida Modification of Child Support

  • Modification Of Child Custody In Florida

  • Florida Child Support Enforcement