A study by the Pew Research Center found that 39 percent of Americans think marriage is becoming obsolete. But it still takes a marriage (or some other legally binding agreement) to get a divorce. And as the number of couples choosing to live together rather than marry has increased drastically, so have the spats over their splits. The American Academy of Matrimonial Lawyers found that almost half of its 1,600 members are seeing an increase in court battles between cohabiting couples. Nearly 40 percent of those lawyers said they’ve seen an increase in demand for cohabitation agreements — the equivalent of a prenup, sans wedding ring.Share
“It’s pretty heartbreaking,” Luxenberg says. “People don’t have rights unless they have the title — their name is on a piece of property or a bank account or something like that.”
Luxenberg recalls one client who lived with her partner for 20 years. They’d had a child and built a home together. The woman’s income was about $50,000, Luxenberg says, and her boyfriend’s was “six or seven times that.” When the couple split, the woman hired Luxenberg to see what recourse she had. The answer: not much.
There would be child support, “but she didn’t get any of his pension benefits or any of his profit sharing. And she wasn’t going to get alimony,” Luxenberg says. “I don’t think people think about those kinds of issues.” (Read entire article.)