Do Unmarried Couples Have the Same Rights as Married Spouses?

 Posted on November 30, 2021 in Cohabitation

Couples who are in a long-term relationship will usually choose to get married. However, there are many couples who live together, share income and expenses, have children, and enjoy the same type of relationship as a married couple without uniting together in a legal partnership. Couples may choose to do so because they do not see the need for a religious wedding ceremony, because they wish to maintain some independence, or for a variety of other reasons. A couple that wishes to remain unmarried will need to understand how this will affect their rights and responsibilities, including how matters will be handled if they choose to break up in the future. Those who are looking to protect their rights and interests may want to consult with a family law attorney to address these issues.

Rights of Partners in a Breakup or a Divorce

Some states recognize common-law marriage, and if a couple lives together for a certain amount of time, they will be considered to be legally married. However, Illinois is not one of those states, and unmarried couples will not be afforded the same rights as married spouses. This means that if an unmarried couple ends their relationship, issues may be addressed differently than they would during a married couple’s divorce.

In a breakup of an unmarried couple, partners will not have the right to the equitable distribution of property. If there are any disputes about property division, determining the rightful owner of certain assets may be difficult, and these decisions may be based on the income earned by each partner, whether assets were acquired by one partner, whether different forms of property are titled in one partner’s name, and the contributions each partner made to jointly-owned assets.

Unmarried partners will generally not have the right to receive spousal support in the event of a breakup. This form of support is meant to address any disparity between the incomes earned by married spouses and ensure that they will both be able to maintain the standard of living they enjoyed during their marriage. Illinois law does not require an unmarried partner to pay “palimony” following a breakup, and this type of support will usually not be paid unless both partners agree to it.

For couples who wish to remain unmarried, a cohabitation agreement may provide them with some of the rights that they would be entitled to if they were married. These types of agreements are similar to prenuptial agreements, and they may help a couple avoid disputes over money or property if they choose to end their relationship in the future.

Contact Our St. Charles Cohabitation Agreement Lawyers

If you are in a long-term relationship but are not married to your partner, you may want to take steps to protect your rights and make sure you can avoid difficulties in the case of a future breakup. At Goostree Law Group, we can help you create a cohabitation agreement that will address your concerns and provide you with reassurance that you will have the financial resources you need, no matter what happens in your relationship. Contact our Kane County family law attorneys at 630-584-4800 to schedule a free consultation today.

Sources:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=0

https://www.illinoiscourts.gov/Resources/dc4d15d9-9cfc-4d4d-9a2d-9d7cf5e25a22/118781.pdf