Getting Married in Florida: A Legal Guide

Both parties must appear together at any county clerk's office in Florida with valid identification (driver's license, state ID, passport). You'll need to provide your social security numbers and pay a fee (approximately $86). Florida residents who complete a premarital preparation course can receive a discount on the license fee. There is a 3-day waiting period for Florida residents unless you've completed a premarital course. Non-Florida residents don't have a waiting period. The license is valid for 60 days after issuance.

While optional, a prenuptial agreement can protect pre-marital assets and outline financial responsibilities during marriage. In Florida, prenups must be in writing, signed by both parties, and executed before marriage. For enforceability, both parties should have separate legal representation, full financial disclosure, and adequate time to review (not signed right before the wedding). Florida follows the Uniform Premarital Agreement Act.

Marriage automatically changes certain inheritance rights in Florida. Without a will, a spouse is entitled to at least 50% of your estate under intestate succession laws. Update or create a will to ensure your assets are distributed according to your wishes. In Florida, a valid will must be in writing, signed by the testator, and witnessed by two individuals who also sign the document in the presence of each other and the testator.

Also known as a healthcare surrogate designation in Florida, this document allows your spouse to make medical decisions on your behalf if you're incapacitated. Florida law requires this document to be signed in the presence of two witnesses, with at least one witness not being your spouse or a blood relative.

This document allows your spouse to handle financial and legal matters if you become incapacitated. In Florida, a durable power of attorney must explicitly state that the power survives the principal's incapacity. As of 2011, Florida law requires that powers of attorney be signed by the principal and two witnesses, and be notarized to be valid.

Review and update beneficiary designations on life insurance policies, retirement accounts (401(k), IRA), investment accounts, and other financial assets. In Florida, these designations typically override will provisions, so it's crucial they reflect your current wishes. Request forms from each financial institution or employer that manages these accounts.

If either spouse is changing their name, you'll need to update your social security card first, then driver's license, passport, and other identification. In Florida, your marriage certificate serves as legal proof for the name change process. Visit your local Social Security office with your marriage certificate and current ID to begin the process.

Consider whether to maintain separate accounts, create joint accounts, or use a combination. Florida is an equitable distribution state, meaning marital assets are divided fairly (not necessarily equally) in divorce. Joint accounts are generally considered marital property regardless of contribution amounts.

Marriage is a qualifying life event that allows you to add your spouse to your health insurance outside of open enrollment periods. In Florida, you typically have 30 days from your wedding date to make these changes. Contact your health insurance provider or employer's HR department to obtain the necessary forms and understand the process.

If you own a home in Florida, understand how marriage affects homestead protections. Florida's homestead exemption provides significant protection against creditors and offers property tax benefits. The exemption applies to your primary residence and up to one-half acre in a municipality or 160 acres elsewhere. Both spouses should be aware of how these protections work.

Understand how marriage will affect your tax situation. In Florida, there is no state income tax, but federal tax implications still apply. You'll need to decide whether to file jointly or separately for federal taxes. For the year you get married, you can file as married even if you wed on December 31st of that year.

In Florida, marriages can be solemnized by ordained ministers, judges, clerks of circuit courts, or notary publics. The person performing the ceremony must complete the bottom portion of the marriage license and return it to the clerk's office within 10 days after the ceremony. Once recorded, you can request certified copies of your marriage certificate.