Modern Family Structure: The Move Away From Marriage

The idea of the nuclear family with a husband, wife, and their children has changed in the last few generations. A modern family unit may include multiple generations and extended family members under the same roof. Different types of family forms can include same-sex couples, cohabitation without marriage, or having more than one partner.

These changes in family structure and living arrangements can lead to some legal complications. Cohabitating couples don’t necessarily have the same legal rights as married couples. There can also be issues with child custody, child support, adoption, and other family law matters.

The law is slow to catch up with changing American family social norms. It’s important you understand your legal rights and obligations under the law, whether you’re cohabitating or married. Family law can vary by state. Talk to a local family law attorney for more information about your family law rights.

Marriage Rates in the United States

According to the National Center for Health Statistics, the number of people getting married in the U.S. has declined. In 2001, there were 8.2 marriages per 1,000 people. In 2022, that rate dropped to 6.2 marriages per 1,000 people, a fall of about 25%. According to demographic research, marriage rates are higher for Asian adults and lowest for Black and Hispanic adults.

In some ways, this coincides with a lower birth rate in the U.S. and other Western countries. Fewer U.S. adults are having children, and families are having fewer children. The birth rate in 2022 was 11.0 per 1,000 people. In 1980, it was 15.9 per 1,000, and it was more than 24 per 1,000 in 1950.

Marriage rates have declined, but so have divorce rates. The divorce rate per 1,000 people in 2022 was 2.4, compared to 4.0 in 2001.

There’s a lot of speculation about the exact reasons why marriage rates are declining, and why people are having fewer children. Some possibilities include economic concerns, public policy, and shifting societal norms. Studies have cited student loan debt, changing roles in the home and childcare, and the inability to live on a single-parent household income as reasons to delay marriage. Affording a home or children can be difficult for many young people. This tends to delay getting married.

The Role of Marriage in Society

Some people feel strongly about marriage. Some oppose getting married, and others worry if they aren’t married by a certain age. Historically, marriage in America has been a fundamental and sacred institution. In many respects, the traditional family structure view is still held in the law.

For example, Supreme Court justices supporting same-sex marriage pointed out how fundamental marriage is to American society. They also pointed to the privileges the law provides to married couples.

Currently, marriage can provide:

• Tax benefits (or additional obligations)
• Citizenship
• Health care benefits
• Help with estate planning

Married parents and spouses also have certain rights in a divorce that a cohabitating couple may not.

What Is the Legal Process for Getting Married?

State laws govern marriage requirements. The couple signs a marriage license and registers it with the state. Getting married has certain requirements, such as being over a certain age and being of sound mind. But if you meet the requirements, getting married isn’t a complicated legal process. Every state recognizes a legal marriage from other U.S. states.

What Is Common Law Marriage?

While most couples obtain a marriage license to be a married couple, some states allow common-law marriage. A common law marriage occurs when a cohabitating couple has lived together long enough to be legally treated like a married couple.

Only a few states still recognize common-law marriage. Couples who want legal marriage protections should get a marriage license.

Remarriage and Stepfamilies

After a divorce, some people want to remarry their new partner. Remarriage is like any other marriage. It has minimum legal requirements. You can’t get married if you’re still married to someone else. It can also be more complicated if your new partner wants to adopt your child. Generally, the child’s birth parent will have to give up their legal parenting rights for a stepparent adoption.

Potential Outcomes of Changes in Cohabitation Norms

If you wish to live together or raise children without getting married, you may need legal help. Some legal documents provide some of the same benefits as marriage. For example, powers of attorney, health care directives, and estate planning documents can partially replace traditional marriage rights and obligations.

If you don’t wish to get married but want to buy a home, raise children, or adopt a child, consult a family law lawyer to discuss your options. Without a legal marriage, you may need help to make sure you have ownership and property rights if the relationship doesn’t work out.

Contact an experienced family law lawyer to avoid any legal difficulties that can come up in long-term cohabitation relationships.