The Dangers of Cohabitation Without Legal Protections | Law Offices ...

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? ??Many New Jersey couples, for a variety of reasons, are deciding not to get married. Now more than ever, people choose a lifetime of faithful commitment without the formality of a marriage ceremony or the exchange of vows. Some have been married and divorced once already, falling under the ?once bitten, twice shy? category, perhaps. Others simply see the rising divorce rates in America at large and decide that rather than risk becoming yet another statistic, they will just avoid the issue altogether by not getting married to begin with. As practicing matrimonial attorneys, we understand both of these options. And choosing not to get married can be a fine and understandable choice for anyone. But making this choice carries with it some serious legal and practical risks as well.

It is extremely important to emphasize that unmarried couples give up many rights and legal protections that New Jersey divorce law typically provides for married couples. Marriage gives an abundance of legal rights to a couple once they are married, such as the right to receive a property settlement and/or support if there is a divorce, the right to file joint tax returns, the right to receive distributions from estates free of estate tax, the right to receive survivor?s benefits from retirement plans and Social Security, the right to obtain ?family? health insurance, dental insurance, and other employment benefits, the right to make medical decisions for their partner, and the right to automatically share in a partner?s property in the event he or she dies without a will. All of these rights are unavailable to an unmarried couple in a long-term relationship unless the proper legal paperwork has been completed in advance. This is because although you may regard your partner as a family member, the laws of New Jersey generally do not.

In the legal sense, the truth of the matter is that New Jersey law simply does not provide to couples who choose to live together, or ?cohabitate,? the same rights it affords to married couples. While both relationships may have identical commitment, stability, and goals, New Jersey law does not treat the two equally. When a married couple divorces, former spouses are permitted to demand alimony and equitable distribution of the property accumulated by the parties during the marriage. Former unmarried partners, however, cannot seek either of these things. Instead, such partners are forced to rely on ?common law? theories of recovery pursued in civil court or, in some cases, the difficult to successfully pursue ?palimony? claim, now rendered impossible without a written agreement to provide it. There is just no getting around it: The legal remedies and protections available to unmarried couples are extremely limited when compared to the rights provided to married couples.

There are, however, ways to address these issues in advance, to protect both partners in such a relationship. An unmarried couple who lives together can negotiate and sign a contractual arrangement that governs the legal, economic, and other aspects of their arrangement. Such documents are called ?Cohabitation Agreements.? Cohabitation agreements serve to make sure that both partners will be satisfied with the way in which each of them will separate their respective belongings, assets, and debts in the event that the two people involved decide to end their relationship. In addition to outlining exactly how debts and assets will be divided if the need arises, such agreements may also elect to provide for support from one partner to the other, or to expressly eliminate such requests. They may even decide on custody and parenting time issues, saving children the trauma of a prolonged custody battle between their parents. While some would argue that such a document is ?planning for failure,? we would take the approach that cohabitation agreements should perhaps more properly be considered as just one more way in which a committed partnership between two people is made even stronger by providing for their future, regardless of what that future may be. We recommend strongly that all unmarried couples who live together draft a cohabitation agreement.

Another very serious issue which arises all too often for unmarried couples in a long-term relationship is that fact that unmarried partners who live together without being formally married do not have many of the legal rights that married couples have with regard to inheritance and the ability to make medical decisions for their partner. This lack of rights means that in the unfortunate event that one partner suffers a serious medical issue or even death, the other partner is left without the right to make health care decisions, or even access basic items like bank accounts or health insurance paperwork when such items are at their most needed. In these situations, it is crucial that a couple have prepared in advance documents like a Will, Power of Attorney, Health Care Proxy, and Cohabitation Agreement. It is also important ?if you share ownership of real estate or other property, or a business, that you have a clear contract as to what happens to that property or business should your relationship end.

For all of these reasons, we offer a full host of legal documents to protect you and your partner against whatever the future may hold, be it good or bad. Call us at 856-227-7888 for a free half hour consultation. We?ll show you how we can help you live life your own way while still getting the legal protection you and your partner need, both today and tomorrow.

Source: http://lyndahinkle.com/the-dangers-of-cohabitation-without-legal-protections

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