If you and your partner share a life in Palm Beach but are not married, you may assume your years together grant you legal standing to care for one another. Under Florida law, they do not. Unmarried partners receive none of the automatic rights that spouses do, which means a thoughtful estate plan is not optional, it is the only way to protect the person you love. The reassuring news is that the right documents can give your relationship the legal recognition the law withholds.
The Law Does Not See Your Partner
Florida does not recognize common-law marriage, no matter how long you have lived together. If you pass away without a will, the intestacy statutes distribute your assets to blood relatives, parents, siblings, or others, and your partner inherits nothing. A valid will under Section 732.502, signed with two witnesses, is the foundation that lets you leave property to your partner instead of having the state hand it to relatives you may not have chosen.
Incapacity: Who Speaks for You?
Without legal documents, your partner has no authority to make medical or financial decisions for you, and may even be kept from the room during a crisis. A durable power of attorney under Chapter 709 of the Florida Statutes lets your partner manage finances if you are incapacitated. A designation of health care surrogate and a HIPAA authorization ensure your partner can make medical decisions and access information. For unmarried couples in Palm Beach, these documents are urgent, not someday concerns.
Using a Trust to Provide for Your Partner
A revocable trust under Chapter 736 is one of the most effective tools for unmarried couples. It lets your assets pass to your partner privately and without probate, and it can provide for a partner during their lifetime while ultimately directing assets to children or other loved ones. Because a trust avoids the public probate process under Chapters 731 to 735, it also reduces the risk of relatives contesting your wishes.
Protecting Your Shared Home
Many unmarried Palm Beach couples own or share a home together. How the deed is titled matters enormously. Joint ownership with rights of survivorship can pass property directly to a surviving co-owner, while a Lady Bird (enhanced life estate) deed can transfer your interest to your partner at death without probate. Keep in mind that Florida’s homestead protections under Article X, Section 4 carry specific rules, so the deed and your overall plan must work together.
Beneficiary Designations Are Powerful
Life insurance, retirement accounts, and payable-on-death accounts pass directly to named beneficiaries, bypassing your will. For unmarried couples, naming your partner on these forms is a straightforward and immediate way to provide for them.
A Note on Florida Taxes
Florida imposes no state estate tax and no inheritance tax, so your focus can remain on securing your partner’s future rather than on state death taxes.
Because Florida law offers unmarried partners so little by default, precise, well-drafted documents are essential. Before relying on any approach described here, consult a licensed Florida estate planning attorney in the Palm Beach area to ensure your plan fully protects the partner who shares your life.
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For more on our Florida practice, see our overview of powers of attorney in Florida. Morgan Legal Group's affiliated New York office also handles .