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Living Together Is Not Marriage

Fla. Stat. 741.211 — no common-law marriage after January 1, 1968

In Florida, no common-law marriage entered into after January 1, 1968, is valid.

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Good faith and substantial compliance. The section does not affect a marriage that, though otherwise defective, was entered into by the party asserting it in good faith and in substantial compliance with the marriage chapter.

The assumptionWhat the law actually does
The assumptionLiving together long enough makes a common-law marriageWhat the law actually doesNone entered into after January 1, 1968, is valid
The assumptionAny defect in a ceremony voids the marriageWhat the law actually doesNot one entered into in good faith and in substantial compliance

A marriage validly formed in another state, property and support claims between unmarried partners, and how a marriage ends are separate questions this page does not answer. Whether a particular relationship is a marriage is a question for a licensed Florida attorney.

Sources for this section (1)
  1. Fla. Stat. 741.211 — Common-law marriages void

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.

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