815 Orienta Ave. Suite 1030 Altamonte Springs, FL 32701
815 Orienta Ave. Suite 1030 Altamonte Springs, FL 32701
Getting married is an exciting chapter in life, filled with planning, celebration, and dreams for the future. While couples spend countless hours choosing venues, flowers, and guest lists, many overlook the legal implications of marriage. Understanding the laws that govern marriage is just as crucial as any other part of the planning process. This legal union fundamentally changes your rights, responsibilities, and financial standing.
This guide will walk you through the essential marriage laws that every couple should be aware of before and after saying "I do." Knowing these legal aspects can help you build a stronger foundation for your life together, protect your individual interests, and navigate any future challenges with clarity. From prenuptial agreements to changing your name, we’ll cover the key legal considerations that come with tying the knot.
Before you can legally marry in Florida, you must obtain a marriage license. This is the first legal step in your journey as a married couple.
To get a marriage license in Florida, both partners must appear in person at a county clerk's office. You'll need to present valid photo identification, such as a driver's license, state ID card, or passport, and know your Social Security numbers.
For Florida residents, there's a mandatory three-day waiting period between the date the license is issued and the date the marriage can take place. This waiting period is designed to give couples a final opportunity to reflect on their decision. However, this waiting period can be waived if you complete a premarital preparation course from a qualified registered provider. Couples who complete the course also receive a discount on their marriage license fee. For non-Florida residents, there is no waiting period.
Once issued, a Florida marriage license is valid for 60 days. You must have your marriage ceremony performed within this timeframe. The ceremony can be officiated by a variety of individuals, including ordained clergy, judges, and public notaries of the state of Florida. After the ceremony, the person who performed it must complete and return the license to the clerk's office, where it will be officially recorded.
Marriage is more than a public declaration of love; it’s a legal contract that brings significant changes to your rights and obligations.
In Florida, assets and debts acquired during the marriage are generally considered "marital property." This means that anything you earn or purchase while married is typically owned jointly, regardless of whose name is on the title or who paid for it. This includes income, real estate, investments, and even retirement accounts accrued during the marriage.
Conversely, "separate property" is anything owned by either spouse before the marriage, as well as inheritances or gifts received by one spouse individually during the marriage. It's important to understand this distinction, as it becomes critical if the marriage ends in divorce. Keeping separate property separate—for instance, by not commingling inherited funds in a joint bank account—is essential if you wish to retain it as your own.
Getting married also affects your tax situation. You'll have the option to file your federal income taxes jointly or separately. For most couples, filing jointly results in a lower tax bill due to more favorable tax brackets and deductions. However, it's wise to consult with a tax professional to determine the best filing status for your specific financial circumstances, as "married filing separately" can be advantageous in certain situations.
One of the most common traditions after marriage is for one or both spouses to change their last name. While it’s a personal choice, it involves a specific legal process.
If you decide to change your name, your certified marriage certificate will be your primary legal document. You'll need to use it to update your name with various government agencies and institutions. The first step is usually to update your Social Security card. Once that's done, you can change your name on your driver's license, passport, bank accounts, credit cards, and other important documents. This process can be time-consuming, so it helps to have a checklist to ensure you don’t miss anything.
While not the most romantic topic, discussing prenuptial or postnuptial agreements can be a pragmatic step for many couples. These legal documents outline how assets and debts will be handled in the event of divorce or death.
A prenuptial agreement (or "prenup") is created and signed before the marriage. It can define what constitutes separate versus marital property, protect one spouse from the other's debts, and specify how assets would be divided if the marriage ends. Prenups are often misunderstood as a sign of distrust. In reality, they can be a useful tool for financial planning and transparency, especially if one or both partners have significant assets, children from a previous relationship, or business interests.
For a prenuptial agreement to be valid in Florida, it must be in writing, signed by both parties, and cannot be unconscionable (grossly unfair). It’s crucial that both individuals have the opportunity to be represented by their own legal counsel.
A postnuptial agreement is similar to a prenup but is created after the couple is already married. Couples may decide to create one if their financial situation changes significantly during the marriage, such as one spouse starting a business or receiving a large inheritance.
Marriage automatically changes inheritance rights. In Florida, a spouse has certain rights to inherit from their deceased partner, even if they are not named in a will. This is known as the "elective share."
It's essential for married couples to create or update their estate plans, which may include wills, trusts, and powers of attorney. These documents ensure that your wishes regarding your property and healthcare are carried out. Without an estate plan, the state will decide how to distribute your assets, which may not align with your intentions.
Navigating the legalities of marriage can be complex, and every couple's situation is unique. While many aspects of marriage law are straightforward, issues surrounding property, prenuptial agreements, and estate planning often benefit from professional legal advice. A knowledgeable attorney can provide clarity and help you make informed decisions that protect both you and your partner.
If you are located in the Central Florida area and have questions about marriage laws, our family law practice in Winter Park, FL, can provide the guidance you need.
Marriage is a partnership, both emotionally and legally. By taking the time to understand the laws that will govern your new life together, you are building a strong, secure foundation for your future. This knowledge empowers you to protect your assets, plan for the unexpected, and enter your marriage with confidence and peace of mind.
If you need help with a family law practice in Winter Park, FL, contact Frank Family Law today for a legal consultation. Our experienced team is here to help you navigate every step of your legal journey.