Many couples share the same home, finances, and children for decades without ever walking down the aisle. While you may not need a piece of paper to define your relationship, the law unfortunately does—and without proper estate planning for unmarried couples, your partner could lose everything at the same time they lose you.
The good news is that you don’t need to get married to provide your partner with valuable protection—you just need to have certain Florida estate planning documents in place as soon as possible.
Can an Unmarried Partner Inherit in Florida?
Yes—but not automatically. The question is whether the deceased partner died intestate (without a Will).
Florida Property Rights and Unmarried Couples
Florida doesn’t grant inheritance rights based on cohabitation or common law marriage, regardless of how long the couple has been together. Anything owned solely in your name goes to your nearest blood relative—your parents, siblings, or aunts and uncles. A second cousin you never met could potentially collect more of your estate than an unmarried partner!
Pro Tip: From a legal and ethical standpoint, unmarried partners are adverse to each other. It’s important to know that there is no spousal communications privilege or testimonial privilege protecting discussions between unmarried couples. If there’s a dispute over your property when you pass away, your relatives could subpoena communications between you and your partner as evidence.
Finally, when the value of their assets is unequal—or in situations where assets are only owned by one party and used by the other—it would be simple for the wealthier spouse to freeze out and bypass the less wealthy spouse.
Unmarried Partners’ Rights After Death in Florida
Certain assets pass directly to named beneficiaries without a Will, such as a jointly-owned home or a joint bank account. However, these beneficiary designations must be signed during the decedent’s lifetime.
Without the right documentation, your life partner could be forced to leave the family home and have no legal claim to the nest egg you built together. Non-biological parents could also lose guardianship of their children to a blood relative of the deceased.
Rights of Domestic Partners in Florida
If you’re in a committed relationship, you could enter into a domestic partnership instead of marriage. However, domestic partnerships in Florida aren’t recognized statewide. They vary by jurisdiction and offer limited protection.
Bottom line: without a clear estate plan for unmarried couples—wills, trusts, and beneficiary designations—your partner may have no automatic authority or financial protection if you become incapacitated or pass away.
Spousal Benefits Unmarried Couples Don’t Get
Married couples receive several automatic advantages under federal law that unmarried partners simply do not. Without a legally recognized marriage, even long-term committed couples miss out on powerful estate planning protections.
Seamless Inheritance of the Family Home
Married couples qualify for real estate asset protection through tenancy by the entirety. Simply put, spousal property is owned by the couple as a unit—meaning creditors of one spouse cannot come after the property to recover the debt. Unmarried couples must use alternative methods to protect jointly owned property.
Minimized Inheritance Estate Taxes
When a married person passes away, assets left to a surviving spouse generally pass estate-tax-free under the marital deduction. An unmarried couple living together filing taxes doesn’t receive this protection. If an estate exceeds the federal exemption amount, transfers to an unmarried partner could create estate tax liability. Strategic planning—such as trusts, beneficiary designations, and lifetime gifting—can reduce exposure, but it requires proactive steps rather than default legal benefits.
Unlimited Gift-Tax-Free Transfers to a Spouse
Under the federal “unlimited marital deduction,” spouses can transfer any amount of assets to each other during life or at death without triggering federal gift or estate tax. Unmarried partners do not qualify. Large lifetime gifts between unmarried couples may reduce the giver’s lifetime exemption or require gift tax filings.
Portability of Estate Tax Exemptions
Married couples can use portability, which allows a surviving spouse to exhaust the unused portion of the deceased spouse’s federal estate tax exemption. Unmarried couples cannot combine or inherit each other’s exemptions in this way. Each partner’s exemption stands alone, making coordinated planning essential to preserve as much wealth as possible.
What Documents Do Unmarried Couples Need in Their Estate Plans?
Estate planning is essential for all Floridians, but it’s even more important for unmarried couples who lack the legal benefits given to spouses. These five tools can help protect a surviving partner’s inheritance, home, children, decision-making ability, and financial stability.
Last Will and Testament
Wills for unmarried couples are the first step toward mutual partner protection. A properly executed Will supersedes the State of Florida’s intestacy laws, allowing your unmarried partner, friends, or even charities to legally inherit your assets. You may also wish to name your partner as your executor so they can carry out the terms of your Will.
Durable Power of Attorney
It’s worth noting that a Will only takes effect upon a person’s death. A comprehensive estate plan also provides for potential incapacity, such as if you suffer an accident or illness.
A Durable Financial Power of Attorney gives partners the legal power to pay bills, file your taxes, collect your benefits, run your business, handle your investments, and sell your property. It also prevents relatives from occupying or selling your house and leaving your partner homeless.
Living Will and Health Care Surrogate Designation
A Living Will allows you to provide clear instructions about your care, such as whether you want certain lifesaving measures and when you want to discontinue life support. It also allows you to name a Health Care Surrogate, preventing a relative from making medical decisions for your behalf (including barring your partner from your hospital room).
Pro Tip: If you choose your partner as your surrogate, include a HIPAA Authorization form so they can see your medical records and discuss your condition with doctors.
Life Insurance and 401k Beneficiary Forms
Life insurance for unmarried couples ensures your partner has financial support to live on without waiting for probate. Bank accounts, life insurance policies, pensions, and your 401(k) pass outside your estate directly to the person named as your payable-on-death (POD) beneficiary. Set up a beneficiary on these accounts now if you haven’t already—and be sure to keep them updated after a death or separation.
Pro Tip: The IRS places certain restrictions on inherited retirement accounts for unmarried couples. If you inherit an IRA from a non-spouse, you’re required to deplete the funds within ten years. We can advise you on how to maximize distributions, minimize taxes, and protect your assets.
Joint Ownership Deeds and Titles
Creative documentation is key to an unmarried couple’s estate plan. For shared homes and other real estate, joint ownership is often used to help assets transfer outside of probate. But be careful—not all joint ownership works the same way.
A joint tenancy with right of survivorship permits property, such as a home or bank account, to pass automatically to the surviving partner upon death. This can simplify transfers and avoid delays. However, simply adding a partner to a deed or title may create unintended consequences, including exposure to the other partner’s debts, creditors, or legal claims.
By contrast, tenancy in common does not include survivorship rights. Each owner’s share becomes part of their estate at death and may pass to relatives instead of the surviving partner unless a will or trust says otherwise.
Pro Tip: Joint ownership can be a helpful tool, but it is not a complete estate plan. Coordinating deeds and titles with wills, trusts, and beneficiary designations ensures property transfers match your intentions and provides stronger protection for both partners.
Living Trust
A person’s estate can be subject to a hefty federal estate tax before being passed to anyone other than a surviving spouse. Assets passed through beneficiary designations aren’t protected from creditors or lawsuits. A trust in your partner’s name could solve these problems, giving them immediate access to their inheritance and more control over their financial future.
A Customized Estate Plan Brings Unmarried Couples Peace of Mind
Whether you and your partner have decided against matrimony or are putting the wedding off until the time is right, our legal team can create a personalized estate plan that protects the people you love and the life you built together. Email hello@yolofskylaw.com or schedule a call today to ask about estate planning for unmarried couples.