Is Cohabitation a Risk Factor for Divorce?

• What research says about cohabitation and divorce
• Consider establishing a cohabitation agreement or contract
• FAQ 
• References

Can living together increase your risk for divorce? It may seem counterintuitive, but research over the years seems to say “yes.” 

Over the last several decades, social norms have changed drastically. What was once unthinkable – living with someone before you were married – is now commonplace. While some couples consider cohabitation to be a trial period before getting married, others choose it as an alternative to marriage altogether. But for those who go on to marry, does it help protect them against divorce later on, or does it make divorce more likely?

What research says about cohabitation and divorce

Ever since living together became a viable lifestyle option, family researchers have continued to question whether cohabitation before marriage would lead to lower divorce rates. While this seemed to make sense, data suggested that while cohabitation had short-term benefits, over time, it could be a detriment to long-term marital stability. In fact, it has become a commonly accepted theory that cohabitation is actually a risk factor for divorce.

How can this be explained?

When a couple decides to live together as a trial period before marriage, it’s assumed that if the trial period isn’t successful, the couple will go their separate ways, thereby reducing the risk of a potential divorce. But studies from the late 1980s to today seem to conclude just the opposite – that living together before marriage is a risk for divorce, not protection from it.

Research from the Institute for Family Studies sheds some light on the reasoning for some of these conclusions, citing what they call the “inertia of cohabitation.” This “inertia” makes it more difficult for couples who live together to break up. They also theorize that couples who live together often have no clear commitment goals for the future, and they carry this sentiment into marriage.

However, other studies say that these kinds of direct correlations can’t be fairly assumed. They posit that many other societal factors need to be considered, including the increased acceptability of divorce, the couple’s age, their socio-economic status, whether they’ve been previously divorced, or whether they came from a divorced home. 

Whether living together is an actual risk for divorce or not, this much is clear: A couple who cohabits and then decides to split will not have the same legal protections as a couple who is married and decides to divorce.

Consider establishing a cohabitation agreement or contract

Marriage is a contract that confers important legal rights on a couple. Should they decide to divorce, these include the equitable division of marital property, parental rights, child support, and, in some cases, spousal support. 

But in most states, there are no such provisions for unmarried couples. As an unmarried couple’s lives become more entwined, these matters can become complicated – and expensive – to resolve when the relationship ends.

If you and your partner live together as an unmarried couple, having a cohabitation agreement can help provide you with some legal protections. A cohabitation agreement is akin to a prenuptial agreement for married couples. It can deal with issues such as property and asset ownership, parental rights, inheritance, healthcare decisions, and other matters you might face should your relationship come to an end. 

While a cohabitation agreement doesn’t need to be complicated, it should be as comprehensive as your relationship warrants. If you’re creating a cohabitation agreement, some things you’ll want to consider are listed here:

• Property owned prior to your relationship: In most cases, individuals will want to keep property they owned before entering the relationship. If so, you will need to keep an inventory so there’s no confusion.
  
  
• Any property, assets, or debt you’ve acquired during your relationship: How will you take title to any property you buy as a couple? How will you divide property that you’ve acquired if your relationship ends? Will you keep track of who acquired it? Will you split it evenly? What happens if the property is a gift or part of an inheritance?
  
  
• Expenses or debts: Will you pool your income or keep it separately? How will you pay expenses when you’re together? How will you split expenses and debts should your relationship end?
  
  
• Financial support: Will one of you depend on the financial support of the other? If so, will that continue for a period of time after the relationship ends?
  
  
• Parental rights: What if you have children together? How will you handle custody and child support if you decide to split?
  
  
• What happens if one partner is hospitalized or dies: You will want your cohabitation agreement to be consistent with any estate planning you create.
  
  
• What happens if there is a dispute: How will you resolve any potential conflicts? You may want to use mediation or arbitration before either of you decides to take the other to court.

Laws regulating cohabitation agreements differ depending on the state, so it’s important to know your state’s requirements. 

FAQ 

Does cohabitation constitute common law marriage?

Several states still recognize common-law marriage. This legal framework considers some cohabitating couples married even though they haven’t registered a marriage license or performed a civil or religious ceremony. 

When a couple lives in a common law state and meets all that state’s requirements for common law marriage, they are recognized as legally married. But laws surrounding common law marriages differ from state to state. Depending on the laws of your state, you may or may not have common law marriage protections as a cohabiting couple. 

Is “palimony” a real thing?

While palimony isn’t an official legal term, it is a real concept. As a combination of “pal” and “alimony,” it was coined during a 1976 landmark case that sought financial support in the case of an unmarried couple. 

Like alimony, palimony provides financial support to one partner by the other in a cohabitation arrangement or common-law marriage when the relationship ends. Like all family law matters, however, palimony is regulated by state laws. Only certain states recognize or enforce palimony support, and these typically require an agreed-upon contract between the couple. 

Do same-sex couples see the same degree of divorce after they’ve lived together as unmarried partners of the opposite sex?

There isn’t the same level of data to support or deny cohabitation before marriage as a divorce risk in same-sex marriages, but research suggests a similar breakup rate between cohabiting same-sex couples as other-sex couples. The study noted that 27% of cohabiting same-sex couples ended their relationship within 4.5 years, similar to 28% of opposite-sex couples. Consequently, cohabitation agreements can be an essential legal tool for these couples.

Whether you’re navigating a divorce or ending a cohabitation relationship, it’s important to understand your legal rights. At Hello Divorce, we have services that can help simplify the complex world of breaking up. If you aren’t exactly sure what you need, let us help you get started with a free 15-minute call. 

References