No Palimony, No Common Law Marriage in Florida

By Robin Roshkind, Esquire, West Palm Beach, Florida

Marriage and divorce laws are state specific.  What that means is that the law in one state, say New York, is not necessarily the same as the law in for example, Florida when it comes to marriage, divorce, and children.

While there are some common themes, such as “no fault state” or “equitable distribution state”, each state has specific marriage and divorce statutes.  So that causes a lot of misconceptions among the lay public.

So listen up about living together:  there is something called a co habitation agreement that can govern the legal relationship of two people living together outside of a marriage.  While marriage confers certain rights under Florida law, a co habitation agreement does the same thing for people who co habit but are not married.  Without a written co habitation agreement, and other than the intent and performance of the parties, there is no legal relationship that would be enforced in a court of law.

Same holds true for palimony.  While California has palimony support, Florida does not.  So be careful when you enter a serious relationship with another without the benefit of a legal marriage.  Consult a lawyer before you spend years of your life without any legal significance.  For more information call one of the divorce and family lawyers at ROBIN ROSHKIND, P.A. at 561 835 9091 or click on the Firm’s web site at


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