Florida law continues to provide little to no legal rights for unmarried but committed couples. Unlike married spouses, unmarried partners are not automatically granted inheritance rights, medical decision-making authority, or legal protections upon a partner’s incapacity or death. This legal gap makes comprehensive estate planning essential for committed couples who are not legally married.
Without a properly executed estate plan, a surviving partner may be left with no rights to shared property, decision-making authority, or access to benefits. Florida does not recognize common law marriage, and under Florida’s intestacy statutes, only legally recognized spouses and blood relatives are considered heirs.
With proper planning, unmarried couples can establish legal rights, protect one another’s interests, and ensure that their wishes are respected.
Florida Statutes, including Chapters 732 (Intestate Succession), 765 (Advance Directives), and 744 (Guardianship), do not recognize or protect unmarried partners unless they are specifically designated in legal documents. A surviving unmarried partner may be excluded from:
- Inheriting property without a Will or Trust
- Making medical decisions without a Health Care Surrogate designation
- Managing finances without a Durable Power of Attorney
- Remaining in a shared home or accessing shared assets not held in joint title
To avoid these risks, unmarried partners should take proactive legal steps.
Recommended Estate Planning Documents for Unmarried Couples
- Last Will and Testament
- Directs how property is to be distributed.
- Names your partner as a beneficiary and personal representative (executor), if desired.
- Revocable Living Trust
- Allows more control over asset distribution and avoids probate.
- Can provide for your partner both during life and after death.
- Durable Power of Attorney
- Grants your partner the ability to manage your finances, real estate, and legal matters.
- Designation of Health Care Surrogate & HIPAA Authorization
- Legally names your partner to make health care decisions and access medical information.
- Living Will
- States your wishes regarding life-sustaining treatment and end-of-life care.
- Pre- or Post-Relationship Property Agreement
- Clarifies ownership, contributions, and division of property.
- Helps avoid disputes or confusion, especially in blended families.
- Beneficiary Designations
- Review and update life insurance, retirement accounts, and payable-on-death (POD) or transfer-on-death (TOD) designations.
Additional Legal Considerations
- Joint Ownership with Rights of Survivorship
- Real estate, vehicles, and bank accounts titled jointly can pass directly to the surviving partner without probate.
- Domestic Partnership Registries
- Some Florida counties (e.g., Miami-Dade, Broward, Palm Beach) allow registration, which may help access hospital visitation and local benefits.
- Differences in Tax Treatment
- Unmarried couples are not entitled to spousal exemptions under federal gift and estate tax laws. Planning should address these tax implications.
- Multiple Residences and Domicile Issues
- Couples with properties in multiple states may face complex questions about governing law and domicile. Legal planning should address which state’s laws apply.
- Employee and Insurance Benefits
- Review employer policies regarding domestic partner benefits. County forms or Domestic Partnership Agreements may help establish eligibility.
- Adult Adoption (In Rare Cases)
- In limited situations, adult adoption has been used to create legal family status, but this approach is controversial and may not be suitable for most couples.
The “Wild West” of Estate Planning for Unmarried Couples
With no default legal protections, estate planning for unmarried couples requires careful customization. As one legal commentator noted, it is a “tabula rasa” where the law provides no safety net but also few limitations. That makes good planning both critical and empowering. The foregoing is a paraphrased legal principle attributed to thought leaders like L. Paul Hood, Jr., J.D., LL.M., a nationally recognized estate planning expert.
Unmarried partners must be proactive in creating the legal structure to:
- Control asset distribution
- Avoid probate
- Secure health care and financial authority
- Minimize taxation
- Protect each other’s future
The foregoing is a brief and general overview of the topic and the need for specific and experienced legal and tax advice is emphasized.
Need Help? Contact Us Today
If you or someone you know is in a committed relationship and wants to ensure they are protected under Florida law, contact CASERTA & SPIRITI in Miami Lakes, Florida. Our experienced attorneys can assist you with customized estate plans tailored for unmarried couples, whether part-time or full-time residents of Florida.
We are here to help secure your relationship, assets, and peace of mind for the future.