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How Domestic Partnerships Are Treated in Florida Family Law
Introduction
While marriage provides legal rights and protections for couples, some individuals in long-term relationships choose not to marry. Domestic partnerships offer a way for unmarried couples to secure legal benefits similar to those of married spouses. However, Florida law does not recognize domestic partnerships at the state level, which can create legal challenges regarding property rights, healthcare decisions, and financial matters.
This guide explains how domestic partnerships are treated in Florida, what legal protections are available to unmarried couples, and how partners can safeguard their rights.
Does Florida Recognize Domestic Partnerships?
Florida does not recognize domestic partnerships statewide, meaning unmarried couples do not receive the same automatic legal protections as married couples. However, some local governments, including cities and counties, have established domestic partnership registries that provide limited rights for registered partners.
Because domestic partnerships are not recognized under Florida state law, partners must take additional legal steps to protect their rights.
What Rights Do Domestic Partners Have in Florida?
In areas where local domestic partnership registries exist, registered couples may receive certain benefits, such as:
- Hospital visitation rights
- Medical decision-making authority
- Notification rights in emergencies
- Certain employment benefits for government workers
However, these rights vary depending on the jurisdiction, and they do not grant the full legal protections that come with marriage.
How Unmarried Couples Can Protect Their Legal Rights in Florida
Because Florida does not offer domestic partnership protections statewide, unmarried couples must take legal steps to secure their financial, medical, and property rights.
1. Cohabitation Agreements
A cohabitation agreement is a legally binding contract that outlines:
- How assets and debts will be divided if the relationship ends.
- Financial responsibilities during the relationship, such as shared bills or property expenses.
- Property ownership rights, ensuring clarity in case of a breakup.
This agreement functions similarly to a prenuptial agreement but is designed for unmarried couples.
2. Estate Planning Documents
Since domestic partners do not automatically inherit from each other under Florida law, estate planning is essential. Unmarried couples should:
- Create a will to specify how assets should be distributed.
- Establish a revocable living trust to ensure that property passes to the surviving partner without probate.
- Draft a durable power of attorney to allow a partner to manage financial affairs in case of incapacity.
Without these legal documents, a surviving partner may have no legal right to the deceased partner’s assets.
3. Healthcare Directives and Medical Powers of Attorney
Unmarried couples should execute a healthcare surrogate designation, which grants a partner the right to make medical decisions on their behalf. This is crucial because hospitals and medical providers may default to blood relatives when making healthcare decisions.
A living will can also provide guidance on end-of-life medical care and ensure that a partner’s wishes are followed.
4. Property Ownership Agreements
If a couple purchases property together, they should clarify ownership rights by:
- Holding title as joint tenants with rights of survivorship to ensure that the property automatically passes to the surviving partner.
- Creating a property agreement that details how the property will be divided if the couple separates.
Without these protections, one partner may face legal challenges if the other passes away or the relationship ends.
5. Child Custody and Parental Rights
For unmarried couples with children, legal steps must be taken to establish parental rights. These include:
- Filing a paternity action to secure legal recognition of a biological father.
- Establishing a parenting plan to outline custody, time-sharing, and child support obligations.
- Obtaining a second-parent adoption if one partner is not the biological parent but wishes to have legal parental rights.
Because Florida law prioritizes the best interests of the child, ensuring that both partners have legal parental recognition is critical for unmarried parents.
What Happens If a Domestic Partnership Ends?
Unlike divorce, which follows a structured legal process, there are no specific Florida laws governing the dissolution of a domestic partnership. If a couple separates without a legal agreement in place, disputes over property, finances, or child custody may arise.
To avoid legal conflicts, domestic partners should:
- Have written agreements in place outlining property division and financial responsibilities.
- Establish clear parental rights if they have children together.
- Consider mediation to resolve disputes amicably.
Without a legal framework like marriage, handling a breakup can be more complex for domestic partners.
How a Family Law Attorney Can Help
A family law attorney can assist with:
- Drafting cohabitation agreements to protect financial and property interests.
- Creating estate planning documents to ensure legal protections for unmarried partners.
- Filing legal documents for child custody and parental rights.
- Resolving disputes related to property division, support, or shared assets.
At Bonderud Law, we help unmarried couples secure their legal rights through tailored legal solutions. If you need assistance with a domestic partnership agreement or related legal matter, contact us today for a free consultation.
Conclusion
Because Florida does not recognize domestic partnerships statewide, unmarried couples must take proactive steps to protect their legal and financial interests. Without legal safeguards, a domestic partner may have no rights to shared property, healthcare decisions, or financial benefits.
If you are in a domestic partnership and want to ensure that your rights are protected, working with an experienced family law attorney can help you establish the legal agreements needed for security and peace of mind.