More Americans than ever are choosing to build their lives together without walking down the aisle. In fact, the number of unmarried partners in the United States has more than tripled in recent decades, with nearly 9 million households now headed by unmarried couples. Whether you’re cohabitating in your 20s or sharing a home after decades together, there’s something crucial you need to understand: in the eyes of Florida law, you and your partner are legally strangers. Florida does not recognize common law marriage, unless you meet a limited situation and have held yourself out as such since before January 1, 1968..

This isn’t a judgment. It’s simply how the system works. And if you don’t plan for it, the consequences can be devastating.

What the Law Doesn’t Give You

Married couples enjoy automatic legal protections that most people take for granted. When you’re not married, you don’t receive:

• Inheritance rights. If your partner passes away without a will, you won’t inherit anything. Florida’s intestacy laws direct assets to blood relatives, like parents, siblings, even distant cousins, before recognizing an unmarried partner.
• Medical decision-making authority. Hospitals and healthcare providers will defer to “next of kin,” which does not include your partner. Without legal documentation, you may be shut out of your partner’s hospital room during a crisis.
• Financial management rights. If your partner becomes incapacitated, unless you are on their accounts, you cannot access their bank accounts, pay their bills, or manage their affairs without court involvement.
• Property protections. Even if you’ve lived together for 30 years and paid half the mortgage, if only one partner’s name is on the deed, the other has no legal claim to the home after death.

These aren’t hypothetical scenarios. We’ve seen them play out in heartbreaking ways, such as partners of decades left without a home, families swooping in to make medical decisions against a loved one’s wishes, surviving partners forced into court battles with estranged relatives.

The Documents Every Unmarried Couple Needs, or at Least Consider

The good news? With proper planning, you can create protections that mirror (and in some cases exceed) what married couples receive automatically. Here’s what you need:

1. Last Will and Testament

A will allows you to name your partner as a beneficiary and specify exactly how you want your assets distributed. Without one, the state decides—and your partner likely gets nothing.

2. Revocable Living Trust

A trust offers additional benefits: it can help your partner “avoid” probate, provide instructions for managing assets if you become incapacitated, and keep your affairs private. For unmarried couples, a trust can be especially valuable because it creates a clear legal framework that doesn’t rely on marital assumptions.

3. Durable Power of Attorney

This document allows your partner to manage your financial affairs if you’re unable to do so—paying bills, accessing accounts, and making financial decisions on your behalf.

4. Health Care Surrogate Designation

A health care surrogate gives your partner the legal authority to make medical decisions for you. This is essential—without it, doctors will turn to your blood relatives, who may not know your wishes or share your values.

5. HIPAA Authorization

Even with a health care surrogate designation, you need a separate HIPAA release to allow your partner to access your medical records and speak with your healthcare providers.

6. Living Will

A living will documents your end-of-life preferences, so your partner isn’t left guessing—or fighting with family members—about what you would have wanted.

Don’t Forget About Property

How you title property matters enormously for unmarried couples. If you own a home together, you may want to consider holding it as “joint tenants with right of survivorship.” This ensures the property automatically passes to the surviving partner without probate. However, this approach may have broader implications, so it’s important to discuss your specific situation with an attorney and tax professional before making changes.

Similarly, review beneficiary designations on retirement accounts, life insurance policies, and any accounts with pay-on-death or transfer-on-death options. These designations override your will, so keeping them updated is critical.

A Valentine’s Gift That Actually Matters

This February, skip the overpriced flowers and consider giving your partner something more meaningful: security. An estate plan says, “I love you, I’m committed to you, and I’ve made sure you’ll be protected no matter what happens.”

At The Law Offices of Mark F. Moss, we help couples create comprehensive life plans that protect their relationships, their assets, and their futures. Whether you’ve been together two years or twenty, we can help you build the legal foundation your partnership deserves.

Ready to protect your partner? Contact us at 904-329-7242 or visit markmosslaw.com to schedule a consultation.

Disclaimer: Reading this blog post does not create an attorney-client relationship and is not legal or tax advice. This is for informational purposes only. It is best to speak with an attorney or tax professional about your specific situation, questions, assets, concerns, and needs.