Do I get wife rights if I live 10 years with my fiance in Florida?
Asked by: Emma Rohan | Last update: February 5, 2026Score: 4.8/5 (34 votes)
No, living with your fiancé for 10 years in Florida does not automatically grant you "wife rights" because Florida does not recognize common-law marriage, meaning you won't have spousal rights like automatic inheritance, property division, or alimony unless you have a formal marriage or specific legal agreements like a cohabitation contract or will. Property rights and inheritance for unmarried couples in Florida rely on legal ownership (like joint titles) or written agreements, not cohabitation duration.
How long do you have to be together to be considered married in Florida?
No, common-law marriages in Florida do not exist. Florida does not recognize couples as having entered into a marriage relationship or agreement after seven years—or any other length of time—of living together, even if the couple has otherwise developed the habits of and reputation as a married couple.
How long do you have to be married in Florida to get half of everything?
In Florida, marital assets aren't split 50/50. Instead, the courts use equitable distribution to give each spouse a relatively equal share of the marital property, even if it's not exactly half. It doesn't matter how long you've been married for this rule to apply.
Can my girlfriend claim half my house in Florida?
Florida law distinguishes separate property from marital property in a divorce, though there can only be rights to marital property if you are married. Unmarried couples are not considered to have shared property unless both partners are listed as owners.
How long do you have to be married in FL to get alimony?
Under the new Alimony Reform Bill passed in Florida in 2023, the concept of permanent alimony has been eliminated, making durational alimony a more common form of alimony awarded in the state. Durational alimony may not be awarded for marriages lasting less than three (3) years.
How to get a cheap uncontested simple divorce in Tampa Florida or anywhere in Florida
What disqualifies you for alimony in Florida?
In Florida, you can be disqualified from alimony if you become self-sufficient, the marriage was short-term, you enter a supportive relationship (cohabitation/remarriage), or if misconduct (like adultery with financial impact) occurs, but courts primarily focus on financial need and ability to pay, meaning lack of need, sufficient assets, or the paying spouse's inability to afford payments are key disqualifiers, with recent reforms eliminating permanent alimony.
What is the 7 year divorce rule in Florida?
What is the 7-Year Rule? The 7-year rule in Florida is used as a reference point by courts to classify marriages based on their duration. Marriages lasting seven years or more are considered long marriages, whereas those shorter than seven years fall under the short marriage category.
Who loses more financially in a divorce?
Statistically, women generally lose more financially in a divorce, experiencing sharper drops in household income, higher poverty risk, and increased struggles with housing and childcare, often due to historical gender pay gaps and taking on more childcare roles; however, the financially dependent spouse (often the lower-earning partner) bears the biggest burden, regardless of gender, facing challenges rebuilding independence after career breaks, while men also see a significant drop in living standards, but usually recover better.
What are the rights of unmarried couples living together in Florida?
Cohabiting couples in Florida have limited legal rights compared to married couples. They don't automatically share property or inherit from each other. Unmarried partners can't claim alimony or equitable distribution of assets if they split up. They also lack automatic medical decision-making rights for each other.
What is the biggest mistake during a divorce?
The biggest mistake during a divorce often involves letting emotions drive decisions, leading to poor financial choices, using children as weapons, failing to plan for the future, or getting bogged down in petty fights that escalate costs and conflict, ultimately hurting all parties involved, especially the kids. Key errors include not getting legal/financial advice, fighting over small assets, exaggerating claims, and neglecting your own well-being.
What money can't be touched in a divorce?
Money that can't be touched in a divorce is typically separate property, including assets owned before marriage, inheritances, and gifts, but it must be kept separate from marital funds to avoid becoming divisible; commingling (mixing) these funds with joint accounts, or using inheritance to pay marital debt, can make them vulnerable to division. Prenuptial agreements or clear documentation are key to protecting these untouchable assets, as courts generally divide marital property acquired during the marriage.
Why is moving out the biggest mistake in a divorce?
Moving out during a divorce is often called a mistake because it can harm your financial standing (paying two households), weaken your position in child custody (appearing less involved), and complicate asset division by creating an "abandonment" perception, making courts favor the spouse who stayed, though it's not always a mistake, especially in cases of domestic violence where safety is paramount. Staying in the home, even in separate rooms, preserves the status quo, keeps you present for kids, and maintains your connection to the property until formal agreements are made.
What is the fastest divorce in Florida?
Florida divorce law provides a process called a 'Simplified Dissolution of Marriage. ' Couples can use this to get a quick divorce, about 30 days from filing to finalization, as long as they have complete agreement on the terms of the divorce and it's uncontested.
How many years do you have to be married to get half of everything in Florida?
Key points about asset division in a Florida divorce:
There's no minimum marriage length required to divide assets in a Florida divorce. However, in longer marriages, courts are more likely to divide assets in a way that helps both spouses maintain a similar standard of living after the divorce.
What is the new marriage law 2025?
This bill modifies the federal income tax rate brackets for married individuals filing joint federal income tax returns so that they are twice the amount of the federal income tax rate brackets for unmarried individuals filing federal income tax returns (thus eliminating the tax effect commonly known as the marriage ...
What are the rights of a couple living together?
California Unmarried Couples Rights
There is no common law marriage in the State of California. This means that if two people live together, there is no statute that confers the rights of married couples upon them. There are situations also where a couple believes that they are married, but they are in fact, not.
What rights do I have if I'm not married to my partner?
No matter how long you live together, you do not gain the same rights as married couples. The best way to protect your interests is through a cohabitation agreement, which sets out financial arrangements and responsibilities. It can also set out what happens if you separate.
Who gets the house when an unmarried couple splits up in Florida?
Florida abolished common-law marriage in 1968, so living together—even for decades—doesn't create marital property rights. Ownership depends on title documents, contributions, and agreements. So, unmarried couples have no automatic property division rights when they break up, no matter how long they've lived together.
What is the 90.408 rule in Florida?
Florida Statute 90.408 makes evidence of offers to compromise disputed claims, and statements made during those negotiations, generally inadmissible to prove liability or the claim's value, encouraging settlement by preventing parties from being penalized for trying to resolve disputes out of court, though such evidence can be admitted for other relevant purposes, like proving a fact related to ownership or credibility, not liability.
What is the 10-10-10 rule for divorce?
The "10/10 Rule" in military divorce determines if a former spouse receives direct payments from the military pension, requiring at least 10 years of marriage that overlap with 10 years of the service member's creditable military service. If this rule is met, the Defense Finance and Accounting Service (DFAS) sends the court-ordered portion directly to the ex-spouse; if not, the service member pays the ex-spouse directly, though the court can still award a share of the pension. This rule affects how payments are made, not the eligibility for pension division itself, which is decided by state law.
Who regrets divorce the most?
While surveys vary, some suggest men regret divorce more, but regret is common for both genders, often tied to who initiated it, financial strain (especially for women), or failing to try harder in the marriage; the person who ended the marriage often experiences regret, regardless of gender, feeling they should have done more to save it. Key factors influencing regret include financial impact (often harder on women), the specific reasons for divorce (e.g., infidelity vs. incompatibility), and the level of personal adaptation post-divorce.
What not to do during separation?
When separated, you should not rush big decisions, badmouth your spouse (especially to kids or on social media), involve children in the conflict, move out of the family home without cause, make financial promises without legal advice, or let emotions dictate impulsive actions like excessive spending or dating too soon, focusing instead on maintaining civility and protecting finances and children.
What is the new divorce law in Florida?
Florida's new divorce laws have removed permanent alimony in favor of time-limited support arrangements, creating more explicit financial boundaries for divorced couples. The courts now emphasize equal time-sharing for child custody. Parents must create detailed parenting plans that reflect this new priority.
How many years do you have to be married in FL to get alimony?
Durational alimony may not be awarded following a marriage lasting less than 3 years. The length of an award of durational alimony may not be modified except under exceptional circumstances and may not exceed the length of the marriage except as set forth in this subsection.
Is it better financially to separate or divorce?
Financial separation and divorce both involve dividing assets and setting support, but divorce legally ends the marriage, allowing remarriage, while legal separation keeps you married, preserving benefits like health insurance, tax advantages, and pensions, making it ideal for those with religious objections or needing time to decide, though it doesn't allow remarriage.