Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Friday, October 8, 2021

Division Of Property Among Unmarried Couples

From Investopedia:

Following the pandemic, the number of never-married young adults is likely to break new records. With the trend of fewer young adults getting married, property division becomes a concern for relationship breakups. Property division upon "divorce" of unmarried couples is different than it for married couples, though.

In the example of alimony, unmarried couples would not receive a judgment from the court. Instead, neither partner is entitled to alimony after a breakup unless there is proof of an agreement to provide post-separation support (aka “palimony”). Child visitation and child support are another big area for both types. A civil union (sometimes called a “domestic partnership”) is a legal relationship between two partners that can confer rights at the state level, with no federal protections or benefits. Though created to allow same-sex couples to legalize their relationships, it is also available to heterosexual couples in lieu of marriage. Some states, however, stopped offering civil unions when same-sex marriage became legal.

Today only four states (New Jersey, Illinois, Hawaii, and Colorado) allow couples to initiate new civil unions. Vermont still recognizes older civil unions, but it maintains separate procedures for divorce and civil union dissolution.

Read more here.

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