In this episode, Andy Rosenberg discusses a growing issue in modern estate planning—how Florida law impacts unmarried couples who live together but aren’t legally married. As relationships evolve, more couples are choosing cohabitation over marriage. But when it comes to estate planning, Florida’s laws haven’t evolved at the same pace. Andy breaks down why this matters, what rights unmarried partners actually have, and the steps they can take to protect each other.
How does Florida law treat unmarried couples and common law marriage?
Florida eliminated common law marriage in 1968, meaning couples who live together without marrying have no legal rights to each other’s property or estate. No matter how long they’ve been together—ten, twenty, or even fifty years—Florida law doesn’t recognize their relationship in the same way as a marriage. If one partner passes away without a will, the surviving partner has no automatic inheritance rights. Everything goes to biological or legally recognized family members.
Andy explains that many people assume modern relationships should be treated differently under the law, but the legal system hasn’t caught up. “If you live together in Florida and one of you dies without proper planning, you’re out of luck,” he notes. “You have no rights, and that’s the sad truth.”
Why is legal documentation essential for unmarried partners?
While the law doesn’t provide automatic protection, unmarried couples can safeguard their future through proper estate planning. This begins with creating a will or trust that clearly states who inherits what. A will allows individuals to leave assets to their partner, while a trust helps avoid probate and ensures privacy.
Andy emphasizes that asset titling is just as critical. When a couple buys property or opens an investment account, how the asset is titled determines who inherits it. If they own a home as joint tenants with rights of survivorship, the surviving partner automatically becomes the owner when one passes away. Similarly, joint bank or brokerage accounts provide both partners access and continuity in case of death.
Without these measures, Florida’s intestate succession laws apply, and the surviving partner receives nothing. Andy warns that this situation often leads to heartbreaking outcomes: long-term partners being evicted from their shared home because it legally belongs to the deceased’s family.
How can unmarried partners plan for incapacity?
Estate planning isn’t just about death—it’s also about what happens if someone becomes incapacitated. Andy points out that without durable power of attorney or health care surrogate documents, unmarried partners have no say in financial or medical decisions.
He describes real-world examples where partners were excluded from hospitals or decision-making because they weren’t legally recognized. In such cases, parents or family members override the partner’s wishes. Proper legal documentation can prevent this, ensuring the person you trust most can manage your affairs when needed.
What common mistakes do unmarried couples make?
According to Andy, the three biggest mistakes unmarried couples make are:
- Failing to create legal documents. Without wills, trusts, and powers of attorney, partners have no protection.
- Improper titling of assets. Leaving property or accounts in one name can cause major problems later.
- Not updating beneficiaries. People often forget to change life insurance or retirement account beneficiaries after entering a new relationship, leaving everything to ex-partners or relatives instead.
Andy advises clients to review their plans annually to ensure beneficiary designations and documents remain up to date. “A lot of people think they’ll get to it tomorrow,” he says, “but tomorrow may never come.”
Do domestic partnerships offer legal protection in Florida?
Some Florida counties recognize domestic partnerships, which provide limited rights, such as hospital visitation or health care decision-making authority. However, Andy clarifies that these agreements don’t offer inheritance or Social Security benefits. They’re not recognized statewide, so protection varies by county. Couples relying solely on a domestic partnership agreement risk being unprotected in areas that don’t recognize it.
How can unmarried couples protect themselves and each other?
Andy concludes by urging unmarried couples to take estate planning seriously. The first step is scheduling a meeting with an experienced estate planning attorney—together. Open communication between partners ensures clarity about expectations and intentions.
He reminds listeners that procrastination is the biggest threat. “People always think they’ll take care of it tomorrow,” he says, “but tomorrow may not happen.” Estate planning is about preparing for the unexpected and protecting the people you love most.
Key Takeaways:
- Florida does not recognize common law marriage.
- Unmarried partners have no automatic inheritance rights.
- Proper planning requires a will, trust, and power of attorney.
- Joint titling and updated beneficiary designations can prevent legal complications.
- Domestic partnerships offer limited protection and vary by county.