Unmarried Couples
Unmarried Couples:
Unmarried couples who separate face unique challenges when it comes to the division of property, child custody, and support. Unlike married couples who have legal protections and guidelines established by law, unmarried couples have to rely on contractual agreements, such as cohabitation agreements and parenting plans, to determine how to split their assets and care for their children after a separation.
Separation:
When an unmarried couple separates, how is their property divided? If the couple doesn’t have a wrtiten agreement outlining how their assets should be divided , each partner is entitled to their own property and anything they purchase during the relationship. Any jointly owned property must be split equally, unless there is an agreement stating otherwise.
Child Custody:
Unmarried couples who have children together must establish custody arrangements for their children. In the absence of an agreement, either parent may file a petition with the court for custody. The court will decide custody based on the child’s best interests, considering factors such as each parent’s realtionship with the child, their ability to provide for the child’s physical and emotional needs, and any history of abuse or neglect.
Commonly Asked Questions
Unmarried couples do have to pay child support. If one parent has custody of the child and the other does not, the on-custodial parent may be required to pay child support. The amount of support is typically based on the parents’ income and the child’s needs.
No, unlike married couples, unmarried couples are not entitled to spousal support or alimony.
Each partner is responsible for their own debts, regardless of whether the debts were incurred during the relationship or not. Joint debts, however, are the responsibility of both parties, and must be addressed as part of any property settlement.
If one partner contributed more to the relationship financially, they may be entitled to reimbursement for those contributions. This is especially true if they can prove that they made the contributions with the understanding that they would be entitled to a share of the property or assets in the event of a separation.
No, child support is intended to be used for the child’s needs such as food, clothing, and shelter.
Warning: It is crucial for unmarried couples to be aware that the legal protections and rights surrounding child custody, assets, and money may differ compared to those available to married couples. In the absence of a legal framework, the default legal assumptions may not align with their intentions or expectations. To protect the rights and interests of both partners and children, it is strongly advised for unmarried couples to seek our legal advice and consider creating legal agreements. Cohabitation agreements, parenting plans, and other legally binding documents can help clarify expectations, outline responsibilities, and provide a measure of protection in the event of a separation or dispute.