Couples who are in a long-term relationship will usually choose to get married. However, there are many couples who live together, share income and expenses, have children, and enjoy the same type of relationship as a married couple without uniting together in a legal partnership. Couples may choose to do so because they do not see the need for a religious wedding ceremony, because they wish to maintain some independence, or for a variety of other reasons. A couple that wishes to remain unmarried will need to understand how this will affect their rights and responsibilities, including how matters will be handled if they choose to break up in the future. Those who are looking to protect their rights and interests may want to consult with a family law attorney to address these issues.
Rights of Partners in a Breakup or a Divorce
Some states recognize common-law marriage, and if a couple lives together for a certain amount of time, they will be considered to be legally married. However, Illinois is not one of those states, and unmarried couples will not be afforded the same rights as married spouses. This means that if an unmarried couple ends their relationship, issues may be addressed differently than they would during a married couple’s divorce.
In a breakup of an unmarried couple, partners will not have the right to the equitable distribution of property. If there are any disputes about property division, determining the rightful owner of certain assets may be difficult, and these decisions may be based on the income earned by each partner, whether assets were acquired by one partner, whether different forms of property are titled in one partner’s name, and the contributions each partner made to jointly-owned assets.