If you are currently living with your partner without being married or are considering moving in with them, it’s important to understand the legal implications. Critically, complexities can arise if you decide to separate after cohabitating. When a couple living together unmarried parts ways, they do not have the same legal rights as spouses when it comes to property division and alimony. They also do not have inheritance rights under intestacy law or the same tax benefits as a married couple.

What is Cohabitation?

Cohabitation is defined as two people living together in an intimate relationship without being married. In some states, cohabitation may also be referred to as “common law marriage.” Since New York does not recognize common law marriage, a couple cannot simply acquire marital rights by living together for a certain period of time. However, New York will recognize valid common law marriages that were legally established in jurisdictions that allow it.

Factors That Should Be Considered For Couples Living Together Unmarried

Cohabitation does not offer the same legal or financial benefits as marriage. However, there are still various reasons why couples may choose to cohabitate rather than marry. While cohabitating partners do not have the same legal rights as spouses, there are a few key things couples living together unmarried should keep in mind:

New York Does Not Recognize Common Law Marriage

Cohabitating partners do not have the same rights and protections as a married couple. If you live together and then decide to separate, there is no such thing as a “common law divorce.” You will not be able to divide property or receive spousal support in the same way as a married couple. Having access to these legal processes is essential, as it can help ensure that each partner has the resources they need.

Unmarried Couples Do Not Have Inheritance Rights

If you are cohabitating and one partner passes away, the surviving partner will not have the same inheritance rights as a spouse. In most states, including New York, the intestacy laws do not recognize cohabitating partners. This means that, unless you have specifically left your property to your partner in your will, he or she would not inherit anything from you if you die. This can have a devastating impact on a surviving partner, especially if they do not have legal ownership of the home they inhabited with their partner, or the financial ability to continue living there.

Unmarried Fathers Do Not Have Automatic Custody Rights

While a biological mother automatically has custody rights of her child, regardless of marital status, an unmarried biological father does not. In New York, a father does not have any custody rights or responsibility to pay child support until paternity has been established. There are two ways to establish paternity: a father can either sign a voluntary Acknowledgment of Paternity or file a petition to establish paternity in court.

Cohabitation Can Lead to Financial Complications

Cohabitation can impact a partner’s ability to receive certain government benefits, such as Supplemental Security Income, Medicaid, food stamps, or housing assistance. These benefits are based on strict income limits which can be affected by combined household income and size.

Unmarried Couples Are Ineligible for Certain Tax Benefits

There can be significant tax implications for a couple living together unmarried. Unlike married couples, those who are cohabitating cannot file their taxes jointly. This means that you may be ineligible for certain tax deductions and credits. Although in some cases, a partner can claim the other as a dependent, there are specific stipulations and guidelines that must be met in order to do so.

How Can Unmarried Couples Protect Their Rights?

Legal pitfalls for unmarried couples living together can be avoided with advance planning. The best way partners can protect their rights is with a well-drafted cohabitation agreement. This document is a contract that can outline the rights and responsibilities of each partner regarding:

• Financial matters: Partners can establish clear guidelines for how they will share expenses for utility bills, groceries, and rent or mortgage payments. The agreement can also provide for monetary support in the event the couple splits up.
• Bank accounts: The agreement can specify whether bank accounts will be joint or remain separate.
• Property rights: A cohabitation agreement can specify who is entitled to which property acquired during the relationship in the event the couple parts ways.
• Pet ownership: Partners can specify who will have custody of any shared pets in the event they break up.
• Debt allocation: The agreement can outline which partner is responsible for debts incurred.
• Dispute resolution methods: A cohabitation agreement can specify the methods for dispute resolution to address any conflicts without commencing litigation.

Without a cohabitation agreement, a partner can be left financially vulnerable in the event the relationship does not work out. For instance, a spouse who made payments on the mortgage but is not listed on the deed may have no legal claim to the property. It’s important to have a knowledgeable attorney to draft the agreement to ensure it is legally sound and enforceable. The agreement can also be modified at any time during the course of the relationship.

Contact an Experienced New York Divorce Attorney

Separating from your long-term partner can be a complex situation to navigate. If you are considering living together unmarried with your partner, it’s crucial to consider the legal implications. A skillful family law attorney can assist you with drafting a binding and enforceable cohabitation agreement to ensure your legal rights are safeguarded. At Duke Law Firm, P.C., we provide high-quality legal services for a wide range of divorce and family law matters. Offering customized solutions in every case, we work closely with our clients to achieve positive results. We welcome you to contact us today to learn how we can help.