Financial Support Rights for Cohabiting Couples

There are many reasons you may decide to live with your partner. And when you do, you may have many questions about whether you have financial rights and, if so, what your financial rights are. This article answers some of the most frequently asked questions about the financial rights of couples who live together. 

State laws vary, and everyone’s circumstances are different. The best resource for your questions about cohabitating financial rights will be a local family law attorney.

A local family law lawyer will listen to you, assess your legal rights, and provide the best legal advice. If you are part of a cohabiting couple and have questions about your financial rights, contact a local and experienced family law attorney.  

Are Cohabiting Couples Entitled to Financial Support?

Usually, cohabiting couples are not entitled to financial support from each other if they break up. In marriage, there are specific laws that govern alimony arrangements. However, cohabiting couples have no legal obligation to support one another when the relationship ends.

Property rights for co-owned real estate and child support are separate issues. An unmarried partner who can prove property ownership will likely have some level of ownership of that property.

Some states acknowledge common-law marriage. With common law marriage, a qualifying relationship can create spousal support payments and inheritance rights. There may also be financial obligations for domestic partnerships or civil partnerships. The best resource for this will be an attorney with experience in cohabitation law.

What Factors Do Courts Consider In Deciding Financial Support for Cohabiting Couples?

There are cases where courts consider ordering financial support for an ex-partner. In many instances, the laws depend on the state in which the cohabiting couple lived. When a court does decide to consider financial support for a partner, it looks at several factors, including:

• The length of the relationship
• Each partner’s financial situation
• Whether one partner sacrificed career opportunities for the relationship
• Written agreements or documentary evidence that supports either’s position

How Long Does a Cohabiting Partner Have to File for Financial Support?

There’s no legal obligation for financial support for members of unmarried couples. There is no set time frame to file for financial support like there is in divorce proceedings. If the couple has entered into specific agreements, they should specify a time frame. In the absence of specific agreements, there are no relevant time limits. 

What Types of Financial Support Can You Receive?

The types of financial support cohabiting couples can receive may vary. Financial support may come in the form of paying for joint expenses or investments made during the relationship. It could also come in the form of shared property.

The types of financial support largely depend on your situation, your area, and whether you made any contracts. Agreements between cohabiting couples are common and function like a prenuptial agreement.

Can You Modify or Terminate Financial Support Orders?

There are rarely financial support orders to modify or terminate. However, if the partners entered into an agreement, they could make changes. Generally, they would need to make those changes according to the terms of that agreement or by mutual agreement. If a financial support order did come from a court, a court would need to modify it. 

What Are the Benefits of Having a Cohabitation Agreement?

A cohabitation agreement can provide clarity and protect financial interests. A cohabitation agreement will outline what happens to your finances and property if you break up. A contract can identify who owns what property, who pays the bills, and how to divide shared property in a separation. 

How Can I Protect My Financial Rights if I Am Cohabiting?

The best way to protect your financial rights is to have an attorney draft a cohabitation agreement. An attorney will listen to both your and your partner’s concerns and draft an agreement. 

You should also keep financial records, save receipts, and make sure both names are on any utility bills, joint assets, and investments. You should also maintain some degree of financial independence with separate bank accounts. You should have clear discussions about money and maintain some control over finances. 

There are also various ways to own property. Some property laws create joint tenants where owners have automatic property rights.

What Resources Are Available To Help Cohabiting Couples Understand Their Financial Rights?

Many online resources offer advice tailored to your area. Some community and non-profit organizations may offer workshops or counseling. 

Cohabiting couples do not have the same guaranteed financial rights as married couples. However, there are some steps you can take to protect your financial interests. Consider speaking with a local attorney regarding this matter. They have the specialized knowledge to answer your questions and set you on the right path.