What compensation or rights exist after a common law union ends?

Full question:

What rights and/or compensation could a party be awarded in a common law union of 3 years that ended by one of the parties. Is there any financial responsibility on the part of the one who finished it? After giving up a very desirable job and home, I moved to a different county and now must return to begin anew, as well as look for a new dwelling. Moving expenses? New dwelling, etc?

• Category: Cohabitation
• Date: 04/07/2025
• State: Florida

Answer:

In Florida, common law marriages are not recognized. However, Broward County offers benefits to domestic partners through a domestic partner registry, and West Palm Beach also provides similar benefits. Courts may enforce agreements between unmarried cohabitants regarding property, which can be implied, oral, or written.

Implied agreements are unspoken understandings based on the parties' conduct. For instance, if one party financially supports the other, a jury may find that there was an understanding of ongoing support, even after the relationship ends. Oral agreements are spoken but can be hard to prove since people may not be truthful after a breakup. Written agreements are preferred as they create binding obligations.

Cohabitants can contract about their property or hold it as joint tenants or tenants in common. Without a prior agreement or shared ownership, one party does not automatically gain rights to the other’s property acquired during cohabitation. Some states may recognize equitable claims if one party contributed to property, to prevent unfair advantages (Fla. Stat. § 775.21).

For moving expenses or new housing, unless there is a specific agreement, there may be limited financial responsibility from the party who ended the relationship.