More Americans than ever are choosing to cohabitate (live together) before, or rather than, getting married. According to a survey released by the National Center for Health Statistics, nearly half of women 15 to 44 years old cohabitated outside of marriage between 2006 and 2010, compared with 43 percent in 2002 and 34 percent in 1995. The steady rise in cohabitation outside of marriage could be because many couples want to avoid the formalities that go along with legal marriage. Some may choose not to marry for financial reasons. Either way, there are positives and negatives to both marriage and cohabitation outside of marriage. Below are some major differences between how the law views marriage versus cohabitation.
Some may choose to cohabitate rather than marry in order to avoid legal formalities. Marriage requirements typically include a license, a waiting period, blood tests, age requirements, and an official ceremony involving a witness and a clergyperson or officer of the court. A couple can choose to cohabitate at any time, with anybody, with no legal requirements. Likewise, ending a marriage has more formal requirements that cohabitation. a marriage must be ended by a legal divorce or annulment process which can be costly and time consuming. Though a couple can choose to stop living together immediately and with no requirements, it can take an emotional toll much like a divorce.
When a married couple divorces, they have a legal obligation to divide their property as prescribed by the law. A cohabitating couple can divide their property however they want. However, this is not necessarily a positive. Having no legal guidelines to enforce fairness is likely to create conflict.
After a married couple divorces, it is common for one spouse to pay alimony or spousal support to the other spouse. With a cohabiting couple, there is no such requirement. This may be seen as a positive to the supporting partner, the partner who was being financially supported may face financial hardship after the breakup.
Another difference between marriage and cohabitation is that in a marriage, one spouse has the right to make decisions on behalf of the other spouse if they become ill or incompetent, regarding issues such as health care and finances. If one partner in an unmarried couple becomes ill or incompetent, their partner would have to consult with immediate family members if they wanted to contribute to important decisions. An unmarried partner can only make decisions for their partner if their partner grants them power of attorney.
When a married couple has children together, their children are legally presumed to be the couple’s offspring. The father of a child born in an unmarried partnership does not have a legal presumption of paternity, and would have to prove his paternity through a blood test if he wanted any rights to the child. In addition, an unmarried father with no established paternity has no legal obligation to support their partner’s children, though they are required to if they have paternity established. Married parents are automatically required to support their children. For more information on the legal differences between marriage and cohabitation, consult with an experienced family law attorney.
