Florida Statute 826.01
“Bigamy; punishment”
What it means
A person who, having a husband or wife living, marries another person is guilty of a felony of the third degree, punishable as provided in ss. 775.082, 775.083, or 775.084, except in the cases mentioned in s. 826.02.
Section 826.02 says s. 826.01 does not extend to a person who reasonably believes the prior spouse is dead; whose prior spouse has voluntarily deserted and remained absent for 3 continuous years, the person not knowing the spouse to be living in that time; whose bonds of matrimony have been dissolved; who violates it because a domestic or foreign court entered an invalid judgment purporting to end or annul the prior marriage and the person does not know the judgment to be invalid; or who reasonably believes he or she is legally eligible to remarry.
Section 826.01 sets a criminal penalty. It does not state whether the second marriage is valid or what rights a purported spouse has in an estate; those questions are decided under other law.
- A person who, having a husband or wife living, marries another person commits a felony of the third degree (§ 826.01).
- Punishment is as provided in ss. 775.082, 775.083, or 775.084 (§ 826.01).
- The offense is subject to the exceptions in s. 826.02 (§ 826.01).
- Under s. 826.02, the exceptions include a reasonable belief that the prior spouse is dead and a prior marriage whose bonds have been dissolved (§ 826.02(1), (3)).
- Under s. 826.02, the exceptions also include 3 years of continuous desertion and absence, an invalid judgment the person did not know was invalid, and a reasonable belief of eligibility to remarry (§ 826.02(2), (4)-(5)).
Text of the statute (2026)
Whoever, having a husband or wife living, marries another person shall, except in the cases mentioned in s. 826.02, be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
The provisions of s. 826.01 shall not extend to any person: (1) Who reasonably believes that the prior spouse is dead. (2) Whose prior spouse has voluntarily deserted him or her and remained absent for the space of 3 years continuously, the party marrying again not knowing the other to be living within that time. (3) Whose bonds of matrimony have been dissolved. (4) Who violates its provisions because a domestic or foreign court has entered an invalid judgment purporting to terminate or annul the prior marriage and the defendant does not know that judgment to be invalid. (5) Who reasonably believes that he or she is legally eligible to remarry.
Excerpts are the subsections the summary relies on. Read the full official text of § 826.01.
History. s. 4, sub-ch. 8, ch. 1637, 1868; RS 2603; GS 3526; RGS 5416; CGL 7559; s. 775, ch. 71-136; s. 44, ch. 74-383; s. 30, ch. 75-298.
How it applies
Section 826.01 is a one-sentence criminal statute. It addresses the act of marrying while a spouse is living and does not address the validity of the second marriage or any spousal rights.
Estate rights such as the intestate share under s. 732.102 and the elective share under s. 732.201 are given to a surviving spouse, so a question about whether a person was married can arise in an estate.
Questions people ask
Sources
- Florida Statutes (2026), s. 826.01, Florida Senate (The whole section: the offense, its grading, and the reference to s. 826.02. Quote: "Whoever, having a husband or wife living, marries another person")
- Online Sunshine, Florida Statutes (2026), s. 826.01 (Text, catchline, and History line checked against this page on 2026-10-17.)
- Online Sunshine, Florida Statutes (2026), s. 826.02 (Lists the persons to whom s. 826.01 does not extend: reasonable belief the prior spouse is dead, 3 years of desertion, dissolved bonds, invalid judgment, reasonable belief of eligibility to remarry.)
Last checked: October 17, 2026
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