Unmarried couple? Florida law doesn’t automatically protect your partner. Learn which legal documents you need to safeguard your relationship.
You Don’t Have to Be Married to Plan Together—But You Do Need a Plan
I’ve met so many committed couples who share a home, a life, and a future—but not a marriage license. The law doesn’t automatically protect those relationships, which is why planning is so important for these couples. Here’s how to make sure your partner is protected, no matter what.
Florida law doesn’t automatically protect unmarried partners—even if you’ve been together for decades. Without an estate plan, your partner may have no legal rights if something happens to you. They could be shut out of medical decisions, left off the inheritance list, and even forced to leave a home they shared with you.
If you’re part of an unmarried couple, a thoughtful estate plan isn’t just smart—it’s essential.
What Happens If You Don’t Plan?
If you die or become incapacitated without legal documents in place:
- Your partner can’t make medical or financial decisions on your behalf
- Your partner won’t inherit anything unless you’ve named them in your will or trust
- Your family could challenge their right to stay in your home or keep shared property
- Important assets—like shared bank accounts or jointly purchased items—could end up in probate court
Florida’s intestacy laws (what happens if you die without a will) are based on blood and legal relationships. That means parents, siblings, or children are first in line—not your partner, no matter how long you’ve been together.
The Solution? Put Your Intentions in Writing
With proper planning, you can give your partner the legal rights and protections that don’t come automatically outside of marriage. Here’s how:
Key Documents Every Unmarried Couple Should Have
1. Last Will and Testament (or Living Trust)
A will allows you to:
- Name your partner as your primary beneficiary
- Ensure specific property or assets go to them
- Name a personal representative (executor) to carry out your wishes
For more control and privacy, consider a revocable living trust, which avoids probate and allows you to manage how and when assets are distributed.
2. Durable Power of Attorney
This document allows your partner to handle financial and legal matters if you become incapacitated—like paying bills, handling insurance, or managing shared property.
Without this, your partner may need to go to court to get permission to act on your behalf.
3. Health Care Surrogate Designation
This allows your partner to make medical decisions for you if you’re unable to do so—and ensures they have access to doctors and medical records.
Without this, the hospital may defer to your next of kin, even if that person is an estranged relative or someone you wouldn’t want involved.
4. HIPAA Authorization
This form gives your partner legal permission to access your medical information, ask questions, and stay informed about your condition.
5. Beneficiary Designations
Make sure your life insurance, retirement accounts, and payable-on-death bank accounts list your partner as a beneficiary. These assets pass outside your will, so they need to be updated separately.
Additional Planning Tips for Unmarried Couples
- If You Own Property Together
Make sure the deed reflects your wishes. In Florida, you can title property as:
- Joint Tenants with Rights of Survivorship – If one partner dies, the other automatically inherits the property
- Tenants in Common – Each partner owns a share, which passes according to their estate plan (not automatically to the surviving partner)
If the deed doesn’t include survivorship language, your partner may have to fight to stay in the home—even if they’ve lived there for years.
- If You Share Finances
Clarify ownership of shared assets. If only one name is on a bank account, the surviving partner might not be able to access those funds after death—unless they’re listed as a co-owner or beneficiary.
We can help you structure accounts in a way that matches your goals and protects your partner’s access.
- If You Want to Minimize Family Disputes
Unfortunately, not all families accept unmarried relationships. If you think your partner’s role in your life might be challenged by family members, it’s especially important to have a clear, legally sound plan that limits the chance of disputes.
This might include:
- A letter of instruction
- Naming a neutral third party as trustee or executor
Common Mistakes to Avoid
- Assuming joint ownership covers everything – Some assets, like IRAs or personal property, don’t pass by title.
- Forgetting to update beneficiary designations – These override your will.
- Relying on verbal agreements – The court won’t honor conversations or assumptions.
- Leaving your partner out of the process – Planning should be collaborative. Make sure both of you know what’s in place and why.
Wrap-Up:
You don’t need to be married to be committed—but you do need a plan to make sure your partner isn’t left out. A few simple steps can make a huge difference if the unexpected ever happens. Whether you’ve been together for 2 years or 20, we’ll help you create a plan that reflects your life—married or not.