In Divorce Actions of Same-Sex Couples, Do Courts Typically View the Length of the Marriage to Have Started at the Date of Cohabitation or the Later Date of Their Marriage?

chart showing how courts decide same-sex divorce marriage start date

Why the Marriage Start Date Matters in Same-Sex Divorce Cases

In divorce actions involving same-sex couples, one key issue is how courts determine the same-sex divorce marriage start date – whether it begins at cohabitation or the official legal marriage. In 2015, the Supreme Court decided in Obergefell v. Hodges all same-sex couples in the United States have the constitutional right to marry. The case arose from challenges to Michigan, Kentucky, Ohio, and Tennessee laws that banned same-sex marriages and the recognition of legal same-sex marriages that were performed in other states. Click here to read more from our previous blog article.

The Court focused on whether the Constitution’s Fourteenth Amendment requires states to give marriage licenses between same-sex couples and if the Constitution requires states to recognize legally obtained marriage licenses from other states.

The Court held that the right to marry is a “fundamental right” that is “inherent in the liberty” of a person under the Equal Protection Clause of the Fourteenth Amendment, making it unconstitutional for courts to deny same-sex couples the right to marry or recognize marriages performed in other states.… View Full Article → “In Divorce Actions of Same-Sex Couples, Do Courts Typically View the Length of the Marriage to Have Started at the Date of Cohabitation or the Later Date of Their Marriage?”

What Is a Cohabitation Agreement in Ohio and Why You Might Need One

cohabitation agreement in Ohio

Why a Cohabitation Agreement in Ohio Is Essential for Unmarried Couples

Are you planning to cohabitate or are you presently unmarried and cohabitating? Do you worry about what would happen if you and your partner were to separate? Or what if one of you were to pass away? What would happen to your house? Your kids? Your stuff? If you’re looking for peace of mind, a cohabitation agreement in Ohio may help.

What is a Cohabitation Agreement?

A cohabitation agreement is a contract between unmarried couples who live together, but do not wish to be married. It allows couples to spell out their rights and responsibilities during the relationship. It also includes terms setting forth what would happen in the event that one may pass away or if the couple decides to separate. In many ways it is similar to a prenuptial agreement.

Why Consider a Cohabitation Agreement in Ohio?

Ohio does not recognize common-law marriage (marriage without a ceremony) or palimony (legal disputes over financial support and property without a marriage) based solely on cohabitation.… View Full Article → “What Is a Cohabitation Agreement in Ohio and Why You Might Need One”

Cohabitation Can Lead To Spousal Support Termination

Love After Marriage For All: How Cohabitation With Another, Regardless Of Sexual Orientation, Can Trigger A Termination Of Spousal Support Post Divorce

I couple weeks ago, I attended a very exciting and thrilling divorce seminar (said no one ever) where a portion of it was dedicated to giving an update on divorce court forms to reflect gender neutral identifiers for the divorce parties.  For example, instead of using husband and wife, the court forms will now use spouse 1 and spouse 2 or other similar gender neutral identifiers.   I still say the classic Plaintiff and Defendant identifiers are easier, but it is not my courthouse.

I imagine a majority of courts around the country, except perhaps for the Deep South, are adjusting appropriately to be in compliance with the U.S. Supreme Court’s historical decision finding state laws that prevented same-sex marriages are unconstitutional.  Which also meant that divorce statutes and divorce case law had to catch up with same-sex marriage.  … View Full Article → “Cohabitation Can Lead To Spousal Support Termination”

Same-Sex Couples: Premarital Cohabitation Assets and Divorce

New Hampshire Case Said to Set Precedent for Same-Sex Couples Upon Divorce, But is Ohio Law Already Set Up for Courts to Reach Similar Decisions?

The Supreme Court of New Hampshire recently held that courts may consider premarital cohabitation when considering the division of a same-sex couple’s assets.  In the Matter of Deborah Munson and Coral Beal, the New Hampshire court was faced with a divorce and division of assets of a same-sex couple who lived together for 15 years before a civil union was held, followed by a marriage three years later. During the 15 years before the marriage, the couple essentially acted and functioned as a married couple, both socially and financially.  However, the trial court awarded Beal limited alimony and a small percent of the marital estate based upon the short duration of the marriage. Upon appeal, her attorneys argued that the district court should have considered the 15 years the couple cohabitated prior to the marriage.… View Full Article → “Same-Sex Couples: Premarital Cohabitation Assets and Divorce”

Cohabitation Births On The Rise As Marriage Stats Fall

Marriage Rates Decline While Births For Cohabitation Couples Increase According To A Recent Study

At Least One Child In Eight Is Born Into A Cohabitation Parent Family. Economic Factors Play Role In Non Marriage Births

A recent study by the Council on Contemporary Families discusses the increase in cohabitating couples and planned children.  In births among cohabitating couples have increased 58% from 2006 to 2010. The study also suggests that half of these births were planned.  All in all, the rise in cohabitation is well documented, with cohabitation playing an increasingly prominent role in the lives of American adults and children. At least one child in eight is born into a cohabiting parent family, and this rate has doubled over the course of a single decade.

The increase in cohabitating union births leads to the question of why couples are not getting married as frequently as they had in the past.  … View Full Article → “Cohabitation Births On The Rise As Marriage Stats Fall”