Family Law FAQs

Marriage vs. Cohabitation

Marriage may not be right for everyone. Some couples, either by choice or because they have no other option, live together without the benefit of a legal union. There are legal differences between marriage and cohabitation relationships, some of which are summarized below.

Marriage	Living Together
Requirements, which vary from state to state, include that spouses be of opposite genders, a license, a waiting period, blood tests, minimum ages, a ceremony officiated by a clergyperson or an officer of the court, and witnesses.	Can be entered into any time by anybody of any age and any gender, without any formal requirements.
Must be ended by a formal, legal divorce or annulment process that can be costly, time consuming, complicated, and emotionally draining.	Usually can be ended simply and informally upon the agreement of the parties. Often, however, the emotional costs are the same as or similar to those experienced at the end of a marriage.
Divorcing spouses have the obligation to divide their property by legally prescribed methods.	At the end of a relationship, the parties can divide the property however they want. The absence of legal guidelines may, however, create even more conflict as to who gets what.
A wage-earning or higher-wage-earning spouse may have the obligation to provide support for the other spouse upon separation or divorce.	Couples who live together and then split up usually do not incur the obligation to support each other after the break-up, unless they have entered into a contract providing otherwise. While this may seem a boon to the supporting partner, a partner who has become accustomed to being supported may face unexpected financial hardship after the split.
If one spouse becomes ill or incompetent, the other spouse generally has the right to make decisions on the ill spouse's behalf.	No matter how close the bond or how long the relationship has existed, a cohabitant may lose out to immediate family members when it comes to making decisions for an incapacitated unmarried partner, unless a general power of attorney and health care power of attorney give that authority to the cohabitating partner.
When one spouse dies, the other spouse has the legal right to inherit a portion of the deceased spouse's estate.	When one cohabitant dies, his or her property will pass to whomever is named in the will or, if there is no will, to family members according to the laws of intestate succession. The surviving partner has no claim to the estate unless he or she was named in the deceased partner's will.
Children born during the marriage are presumed to be the offspring of the husband and wife.	The father of a child born to unmarried cohabitants is not entitled to a legal presumption of paternity and may have to establish his paternity through blood tests and a legal action.
Children born to married couples must be financially supported during the marriage.	The male in a cohabitating partnership does not incur an immediate legal obligation to support children born during the cohabitation, but may do so voluntarily and must do so if paternity is established.
After separation or divorce, the non-custodial parent generally is legally obligated to help financially support the children of the marriage.	After a cohabitating relationship ends, the non-custodial parent has the same legal obligation to support his or her children as legally separated or divorced parents, if parentage has been established.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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The Law Office of Todd R. Worthley serves clients living in Portland, Oregon, and nearby communities, such as Gresham, Hillsboro, Beaverton, Tigard, Clackamas, Oregon City, Lake Oswego, Tualatin, and Milwaukie, Oregon.

Family Law FAQs

Marriage vs. Cohabitation

Marriage vs. Cohabitation

The Law Office of Todd R. Worthley serves clients living in Portland, Oregon, and nearby communities, such as Gresham, Hillsboro, Beaverton, Tigard, Clackamas, Oregon City, Lake Oswego, Tualatin, and Milwaukie, Oregon.

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