Featured News 2012 Cohabitation, Domestic Partnership, and the Law

Cohabitation, Domestic Partnership, and the Law

Over 12 million unmarried partners are living together in the United States, according to the U.S. Census Bureau. More and more couples are finding it convenient to move in together, bringing on many of the financial and social responsibilities of marriage, but without the rings and marriage license. In fact, since cohabitation was first popularized in 1960, the practice has increased ten-fold. Cohabitation eliminates the legal battle of divorce in the event of a break-up, and keeps things simple while giving couples many of the perks of marriage. While roughly 75 percent of cohabiters say that they intend to marry, timing or finances can postpone the wedding. Within five years, 55 percent of cohabiting couples get married, while 40 percent break up. The remaining five to ten percent of couples continue living together.

Property laws for cohabiting couples are still slightly abstract. Normally, community property laws govern the ownership of assets acquired by a married couple. Cohabiting couples are sometimes considered joint owners. Unfortunately, this creates confusion when a domestic relationship ends and the property needs to be divided. Other legal complications ensue when one partner in a cohabiting relationship passes away without a will. Technically, the surviving partner has no legal right to the property of another, unless it is willed to him or her.

Many insurance companies are now allowing cohabiting couples to jointly receive life and homeowner's insurance. Some employers will extend spousal benefits to cohabiters, but most require them to commit to a domestic partnership to receive profits. Six states still prohibit cohabitation but the laws are not heavily enforced.

After the court case Marvin v. Marvin in California, the state law held that any expressed or implied agreement between partners that are living together outside of wedlock to share their income can be legally enforced. This may require an agreement in writing. If you are considering creating a contract between you and your live-in partner, it is important that you discuss this with a family law attorney.

A more official form of cohabiting, known as domestic partnership, is legal in a growing number of states. It is treated almost exactly like marriage. According to California law, domestic partners have the same rights and obligations as married couples. The partners are allowed to make medical decisions for each other in specific circumstances. They are also allowed the same jail and hospital visitation rights as legally married couples. The couples are given access to joint health insurance plans, property rights, wills, trusts, and spousal life insurance policies. These legal cohabiters are given the same work leave and sick leave rights to care for their partners as married couples would have. The same parental rights and responsibilities that are given to married couples are now required of domestic partners with children.

Each state has different qualifications to determine domestic partners. In some states, only certain cities recognize domestic partnership, so it is important to check with your state government if you are considering this option. In most domestic partnerships, both parties must be over 17, mentally stable, and not related by blood. Both people must be financially independent, and jointly responsible for financial decisions. Most states have a minimum amount of time that the couple must reside together in order to qualify for domestic partnership. As well, both partners must usually sign an employee affidavit to confirm that their significant other is a spousal equivalent. In states that recognize domestic partnership, the court can allow for alimony in the event of a break-up. While the couple was not technically married, a domestic partnership allows for this "partner support" if the relationship dissolves. This spin off of alimony has been coined "palimony" in legal circles. The federal government does not recognize domestic partnership as equivalent with marriage at present. As cohabitation continues to rise in popularity, more and more couples will begin to investigate and fight for cohabitation rights.

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