COHABITATION AND THE LAW

In the eyes of the law, cohabitation is not the legal equivalent of marriage or common-law marriage. This review examines the extent of heterosexual cohabitation in the United States and judicial responses to issues raised by couples who have chosen nonmarital cohabitation, Issues examined include the effect of nonmarital cohabitation on the institution of marriage, contemporary legal considerations in cohabitation, the use of cohabitation contracts, and key legal differences between cohabitation and marriage. Since state laws have not established cohabitation as a legal relationship, the rights of cohabiters have been established through court decisions. Consequently, cohabiters are likely to find themselves in a position of uncertainty with respect to their legal rights. Three legal approaches to cohabitation are discussed and several issues that still need to be addressed by the law are reviewed.