Across the United States, marriage rates have been declining, with many choosing to marry later or not at all. According to a recent New York Times article, this trend reflects not a shift away from long-term relationships, but a change in how those relationships are structured and defined. As more couples choose to live together without marrying, legal questions surrounding the rights of unmarried couples and the use of cohabitation agreements are becoming more common.
More People Are Building Lives Together Without Marriage
It is increasingly common for couples to live together, share expenses, and build a life without getting married. For many, it reflects a practical and intentional choice. However, the law does not treat cohabitation the same as marriage, which is where a cohabitation agreement can play an important role.
Living together, even for an extended period, does not automatically create legal rights when it comes to property, finances, or support.
What Many Couples Do Not Realize
There is a common misconception that living together long enough creates rights similar to those of a married couple. In most cases, that is not true. For example, in New Jersey, there is no ‘Common Law Marriage” regardless of how long a couple is together.
Without a legal agreement in place, disputes between unmarried partners can quickly become complicated, particularly when it comes to:
- dividing shared assets
- determining financial contributions
- handling property purchased during the relationship
Unlike divorce proceedings, these situations often lack a clear legal structure, which can make resolution more challenging and may benefit from structured approaches such as alternative dispute resolution.
Why Cohabitation Agreements Matter for Unmarried Couples
A cohabitation agreement allows couples to clearly define expectations while they are on good terms. It can address how expenses are shared, ownership of property, and what happens if the relationship ends. It is not about planning for failure, but about creating clarity and avoiding unnecessary conflict.
Marriage Is Happening Later, With More at Stake
For those who do choose to marry, it often happens later in life. Today, the median age of first marriage has risen to approximately 30 for men and 28 for women, reflecting a clear shift toward more established relationships. Many individuals enter marriage with established careers, assets, and financial obligations.
That shift has led to more conversations around financial planning prior to marriage, including the use of prenuptial agreements. Marriage is no longer the starting point, but a decision made after personal and financial stability is already in place.
A More Intentional Approach to Relationships
People today are more deliberate about when and whether they choose to marry, often prioritizing independence, financial security, and long-term compatibility. Relationships are not disappearing, but evolving, while the legal system continues to draw clear distinctions between married and unmarried couples.
How We Can Help
If you are living with a partner or planning to do so, it’s important to understand what protections you have. Our Matrimonial and Family Law team works with clients to put cohabitation agreements in place that reflect their situation and priorities.
Putting an agreement in place can provide structure, clarity, and peace of mind. If you have questions about your rights as an unmarried partner, it is worth having a conversation before issues arise.