But what happens when these relationships end, or when legal rights—like inheritance or medical decision-making—come into question? Understanding the status of domestic partnerships in Florida is critical, especially for couples seeking legal protection.
The experienced divorce lawyer in Florida at Griffin Family Law is here to answer your questions and help you understand your legal rights and responsibilities.
Florida’s Stance on Domestic Partnerships
Unlike some states that recognize domestic partnerships as a legal alternative to marriage, Florida does not provide statewide recognition or benefits for these unions. The state previously had a constitutional ban on same-sex marriage, which was overturned in 2015 after Obergefell v. Hodges.
However, no laws were enacted to grant rights to unmarried couples, regardless of gender.
Some Florida counties and cities previously allowed domestic partnership registries, including Miami-Dade and Broward. However, many of these registries have been phased out or offer limited benefits. Without formal recognition under state law, domestic partners do not have the same legal rights as married couples.
Legal Challenges Faced by Unmarried Couples
Since Florida does not recognize domestic partnerships, couples who live together without marriage may face several legal obstacles, including:
- No Automatic Inheritance Rights – If one partner passes away without a will, Florida’s intestacy laws dictate that assets go to the deceased’s legal next of kin, such as children or parents. A surviving partner is not automatically entitled to any assets.
- Limited Medical Decision-Making – Hospitals may not allow unmarried partners to make medical decisions or visit in restricted situations unless a healthcare surrogate designation is in place.
- Lack of Financial Protections – Property division laws in Florida apply only to married couples. If an unmarried couple separates, no divorce laws guide the division of assets, potentially leaving one partner at a financial disadvantage.
Alternative Legal Protections for Domestic Partners
Although Florida does not recognize domestic partnerships, couples can take proactive legal steps to protect their rights. Working with a Florida family law attorney can help unmarried partners secure the following:
- Cohabitation Agreements are legal contracts that outline financial responsibilities, property ownership, and how assets will be divided if the relationship ends.
- Estate Planning Documents – A will or trust can ensure that assets pass to a partner instead of being distributed according to Florida’s intestacy laws.
- Healthcare Directives—A durable power of attorney or healthcare surrogate designation allows a partner to make medical and financial decisions in the event of incapacitation.
- Parental Rights Agreements – Unmarried couples who share children should establish legal custody and support agreements to protect both parents’ rights.
Can Domestic Partners Get Alimony in Florida?
Since domestic partnerships are not legally recognized in Florida, there is no legal framework for awarding alimony after a breakup. In contrast, divorce laws allow for spousal support when a marriage ends.
However, an unmarried partner may be able to receive financial support through a contractual agreement, such as a cohabitation agreement that specifies financial arrangements after separation. Consulting a divorce lawyer in Florida can help individuals explore their legal options.
What About Common-Law Marriages in Florida?
Some couples believe they are entitled to legal protections under common-law marriage. However, Florida abolished common-law marriages in 1968 (Fla. Stat. § 741.211). While the state does recognize common-law marriages from other states where they are legal, couples who cohabit in Florida without formal marriage are not granted spousal rights.
The Future of Domestic Partnerships in Florida
While some states offer domestic partnerships as an alternative to marriage, Florida lawmakers have not moved toward adopting similar policies. Advocacy groups continue to push for expanded rights, but for now, couples seeking legal protections must rely on contracts, estate planning, and other legal measures.
A Florida family law attorney can help unmarried couples take the necessary steps to safeguard their rights. Whether through cohabitation agreements, estate planning, or parental rights arrangements, legal guidance can ensure that partners receive the protections they need.
Understanding Domestic Partnerships and Florida Law
Understanding the limitations of domestic partnerships is crucial for couples in Florida who choose not to marry. Without legal recognition, domestic partners may face inheritance, medical decision-making, and financial protection challenges. However, legal strategies such as cohabitation agreements, estate planning, and healthcare directives can help provide similar safeguards.
If you need assistance navigating Florida’s family laws, consulting an experienced Florida family law attorney can ensure your rights and future are protected.
