Unmarried couples do not have the same legal rights as married couples. 

Unmarried couples must create essential documents to ensure that their partner is treated with the respect he or she deserves.

A growing number of heterosexual couples have chosen not to enter into marriage for their own personal reasons.  According to the U.S. Census Bureau, the number of unwed couples has jumped 72% to roughly 5.5 million households from 1990 through 2000.  Marriage-free couples feel they can have whole and complete relationships without marriage, but the government does not extend legal protections to unmarried couples.  The Florida intestacy laws do not grant any rights to a  share of an estate to a surviving unmarried partner. 

In addition, most states deny same-sex couples the right to marry.  Same-sex marriages or unions may not be recognized in other states.  This is an important consideration for a couple moving to another state that does not recognize same-sex unions.  The Florida Constitution, for instance, defines marriage as a union between a man and a woman, preventing same-sex couples from having the right to marry.  Florida will not recognize same-sex unions even if they are valid in other states. 

All unmarried couples suffer marital status discrimination, and must take action on their own to ensure that they have similar legal rights to married couples. 

Regardless of whether they are gay or straight, unmarried couples should specify their choices regarding medical and financial decisions by using the following documents:

  • Will
  • Living Will and Advanced Health Care Directive
  • Durable Power of Attorney
  • Domestic Partnership Agreement (similar to a pre- or post-nuptial agreement)
  • Have an attorney review how you hold title to your home and other real estate