Common law marriage—also known as marriage without formalities or informal marriage—is marriage without a wedding or marriage ceremony and without a marriage license. Some states recognize common law marriage under certain circumstances—such as when the parties agree to be married, live together (cohabit) after agreeing to be married, and represent to others that they are married (holding themselves out as a married couple).

Other states previously recognized common law marriages, but no longer recognize such marriages after a certain date on which the law was changed—usually by statute. In other states, common law marriage has not been recognized by the legislature in a statute, but the courts have recognized common law marriage in court opinions or case law.

In Florida, common law marriages are not recognized. The state abolished the recognition of common law marriages that are entered into within the state as of January 1, 1968. This means that couples cannot establish a legally recognized marriage in Florida simply by living together for a certain period, holding themselves out as married, or having a mutual agreement to be married without undergoing a formal marriage ceremony and obtaining a marriage license. However, Florida does recognize common law marriages that were established in other states where such marriages are legally recognized, provided they meet the requirements set by those states. This recognition is due to the Full Faith and Credit Clause of the U.S. Constitution, which requires states to respect the 'public acts, records, and judicial proceedings' of every other state. Therefore, if a couple has a valid common law marriage from another state, Florida will acknowledge the marriage as valid.