Unmarried Couples and the Law

Cohabitation (living together without marriage) is a huge trend. It might seem that creating a household without walking down the aisle keeps things simple and reduces conflict. But that is not always the case. What happens if you and your partner live together, acquire assets and debts together, have children together? How are your rights affected in the case the relationship fails? Here is a rundown of some (but not all) of the most common issues:

Children: Most parents are entitled to joint custody and access to their minor children. But for unmarried co-parents, it is particularly important to have a written custody agreement that spells out custody rights. Unmarried parents can go to Family Court to work out disputes regarding paternity, child support and child custody / visitation. For the most part, with very few exceptions, the laws are the same as with married parents.

Embryos and Fertility: It is always a good idea to have a written pre-conception contract in case there is a break up before IVF / embryos are implanted. Otherwise, there can be heartbreaking results. This goes for married and unmarried parents.

House and bank accounts: Sharing of assets and debts, (for example, a house and a mortgage) can cause a lot of problems down the road if you are not married. It is absolutely imperative that your name is on the title of these assets, because otherwise, if you break up, you might end up with nothing. It can be very hard to prove ownership, financial contributions and who paid for repairs. Get it in writing!

Spousal Support:   This is an issue that is very much affected by your marital status. In the state of New York, if you are not married, you have NO entitlement to spousal support whatsoever.

Retirement Assets: Same story. No marriage means no sharing of retirement assets or Social Security benefits.

Tax returns: If you are not married, you cannot file a joint tax return.

How can you better protect yourself? As set forth above, the law does not really safeguard unmarried / cohabiting individuals when it comes to many issues. A cohabitation agreement is usually recommended, although few couples actually have these. If you are serious about protecting yourself legally and financially when it comes to the issues listed above (and many others), seek a consultation with a family law attorney ASAP. 

For more information about this issue or any other family law issue, visit my website, at www.lawjaw.com.