More and more couples in Florida are opting to live together without marriage. But what legal rights and protections do they have if the relationship ends?
Cohabitation laws in Florida can be surprisingly complex, with rules that might seem unconventional at first. Let’s break it down so that you can understand the ins and outs of cohabitation in Florida without needing a law degree.
Understanding Cohabitation in Florida
Cohabitation simply means living together as a couple without being legally married. In many states, couples who live together long enough are considered “common law” married, meaning they get some of the legal protections married couples have.
However, Florida doesn’t recognize common-law marriage. So, no matter how long you’ve lived with a partner, you won’t automatically have the rights or obligations that come with marriage.
A Little History
Interestingly, cohabitation was once against the law in Florida. Until 2016, it was actually a criminal offense for an unmarried man and woman to live together.
Thankfully, that outdated law was repealed, and unmarried couples now have the legal freedom to cohabit without the risk of legal trouble.
Palimony in Florida
When people think of support after a breakup, they often think of “alimony,” a common term in divorce cases. But what about support between unmarried partners? That’s where “palimony” comes in.
Palimony is a term for financial support that one partner might owe the other after a long-term relationship ends, even if they were never married.
But here’s the catch—Florida doesn’t recognize palimony.
This means that if you’re living with someone without being married, you’re not legally entitled to any support after breaking up, no matter how long you were together.
This can be a harsh realization, especially for those who might have sacrificed career opportunities or financially supported their partner during the relationship. Because of this, unmarried couples need to be aware of how property and assets will be divided if they separate.
Property Division for Unmarried Couples
For unmarried couples, dividing assets is much more straightforward in some ways and more complicated in others. Without the protections of marriage, property division defaults to the rules of ownership rather than equitable distribution (which applies in divorce cases).
One way Florida handles these situations is through what’s called an implied contract or resulting trust. These are legal terms that mean if one partner contributed significantly to purchasing a property, even if their name isn’t on the title, they may have a claim to that property.
Another option is an unjust enrichment claim, where one partner can argue they’re owed something for their contributions to the relationship.
Let’s imagine an example. Suppose you and your partner buy a home, but only one of your names ends up on the mortgage and title.
If you later break up, the partner whose name isn’t on the title could potentially claim a share of the property if they can prove their contributions, such as paying part of the mortgage or handling significant repairs.
Cohabitation Agreements in Florida
So, with all these legal nuances, how can unmarried couples protect themselves? This is where a cohabitation agreement comes in. A cohabitation agreement is essentially a contract between partners that spells out property rights, financial responsibilities, and other important details of the relationship.
Think of it as a safety net—it helps clarify each person’s rights and responsibilities, so if the relationship ends, you both know where you stand.
What Can Be Included in a Cohabitation Agreement?
Here are some typical elements you might find in a cohabitation agreement:
- Property Division: Who owns what? If you buy property together, how will it be divided if you break up?
- Financial Support: Can one partner expect support from the other?
- Child Support Arrangements: If you have children together, the agreement can outline how you’ll share financial responsibilities.
- Labor Law Issues: If one partner works for the other, the agreement can clarify employment terms.
- Landlord/Tenant Laws: If one partner owns the home, and the other lives there, this agreement can help clarify their rights.
Oral vs. Written Agreements
When it comes to cohabitation agreements, written agreements are far easier to enforce than oral ones.
While an oral agreement may hold up in certain cases, proving its terms is a significant challenge.
Without clear, documented terms, misunderstandings can arise, and the court may not recognize the agreement at all.
Written agreements, on the other hand, serve as concrete evidence of each partner’s intentions, helping ensure that both parties’ rights are protected.
Consideration in Cohabitation Agreements
In contract law, “consideration” refers to what each party is giving or receiving in exchange for their agreement. For a cohabitation agreement to be valid, there must be some form of valid consideration—something of value that each partner provides in return for the agreement.
Importantly, consideration in these cases cannot be based solely on the relationship itself or anything of a sexual nature.
Instead, it could involve financial contributions, shared property, or agreements on financial support, ensuring that both sides bring value to the arrangement.
Limitations of Cohabitation Agreements
While cohabitation agreements cover various topics, there are certain limits to what they can enforce.
For instance, you cannot use a cohabitation agreement to predetermine issues related to child custody or support. Florida law places children’s best interests as the top priority, and only the courts can establish binding child custody and support arrangements.
This means that even if your agreement outlines a custody plan, it may not hold up if it doesn’t align with what the court deems best for the child.
Constructive Trusts
In some cases, a concept called “constructive trust” may come into play. A constructive trust is an equitable remedy used when one partner might unjustly benefit at the other’s expense.
This often applies in situations where one partner has contributed significantly to an asset that isn’t in their name, like a home or a business. Essentially, a constructive trust allows courts to recognize a partner’s contribution and grant them rights to part of the asset, even if there’s no explicit agreement in place.
This principle is especially helpful when a partner has invested time, money, or labor, believing they would benefit from the asset as part of the relationship.
Children and Cohabitation
When children are involved, cohabitating couples face some unique legal considerations. Here’s what unmarried parents in Florida should know about custody, support, and paternity.
Custody and Support
If unmarried parents separate, Florida law places the child’s best interests above all else. The court will establish a time-sharing plan that outlines custody and visitation, ensuring that both parents have roles in the child’s life where possible.
Additionally, child support obligations will be determined to provide for the child’s financial needs, regardless of the parent’s marital status.
Paternity
Establishing paternity is a crucial step for unmarried parents in Florida. This process secures the father’s legal rights and responsibilities toward the child.
Legally, the steps to establish paternity are similar for unmarried and married parents, providing both parents with a clear framework for custody and support arrangements once paternity is confirmed.
Estate Planning for Cohabitating Couples
One area where cohabiting couples can take proactive steps is estate planning. Without marriage, your partner doesn’t automatically inherit your assets if you pass away.
That’s why creating documents like a will, trust, durable power of attorney, and healthcare directive is essential. These tools help you protect your assets and make sure your wishes are honored, even if you’re not legally married.
Here’s a quick rundown of these documents:
- Will: Specifies who will inherit your assets.
- Trust: Allows you to transfer assets to a partner with certain protections.
- Durable Power of Attorney: Names someone to manage your finances if you become unable to.
- Healthcare Directive: Specifies who can make medical decisions on your behalf if you’re unable to do so.
Cohabitation and Alimony
If you or your partner is divorced and receiving alimony, a new cohabitation can impact that arrangement.
Alimony Modification
In Florida, if a divorced spouse begins cohabiting with someone else, their ex-spouse can request an alimony modification by arguing the new relationship provides financial support.
Courts look at factors such as shared expenses, how long the couple has been living together, and if they present themselves as married.
Supportive Relationships
Florida law allows alimony to be reduced or ended if the supported spouse enters a “supportive relationship.”
Courts examine factors like financial interdependence, duration of cohabitation, and shared assets to determine if the new relationship qualifies as supportive.
Facing Uncertainty? Get Clarity with Mindful Divorce, P.A.
Cohabitation laws can be confusing, especially with Florida’s unique approach to unmarried partnerships. To safeguard your rights and get the clarity you need, reach out to us at Mindful Divorce, P.A. Our team offers transparent, fixed-fee consultations, so you’ll know the cost upfront without the worry of hourly rates. Call us today at (561) 537-8227 and find peace of mind as we help you secure your future.
