Common Law Marriage in Florida

Abolished — grandfathered marriages valid

In Florida, new common law marriages are no longer created, but unions formed before the cut-off remain valid.

Grandfathered marriages

Florida stopped creating new common law marriages, but a couple that validly established one before the cut-off (Valid before 1968) is still legally married. The state continues to recognize those existing unions, including for divorce, inheritance and benefits.

Recognition from other states

Under the U.S. Constitution Full Faith and Credit Clause, every state — including Florida — recognizes a valid common law marriage that was properly formed in another state. Moving across state lines does not undo a real marriage.

Source

Florida abolished new common law marriage in 1968; marriages valid before the cut-off remain recognized (verified 2026-06)

Reviewed by family law attorney J. Smith, Esq. — reference information only, not legal advice.