Marriage vs. Cohabitation

Marriage requirements vary from state to state. They include a license, a waiting period, blood tests, and minimum ages. A marriage ceremony is officiated by a member of the clergy or an officer of the court and has witnesses.

Cohabitation can start at any time, by people of any age and any gender, with no formal requirements.

Marriage must end with a formal, legal divorce or annulment process. Depending on the situation, it can be costly, time-consuming, complicated, and emotionally draining.

Cohabitation can usually end simply and informally upon the parties' agreement. Often the emotional costs are the same as or similar to those at the end of a marriage.

Divorcing spouses must divide their property by legally prescribed methods. Some spouses use a prenuptial agreement (prenup) to establish clear terms for the division of assets and property in a divorce.

At the end of a cohabitation relationship, the unmarried partners can usually divide property however they wish. But not having legal guidelines may create more conflict.

A higher-wage-earning spouse may have to pay financial support for the other spouse upon separation or divorce.

Couples who live together and then split up usually are not required to support each other after the breakup unless they have a contract that says otherwise.

This may seem like a boon to the supporting partner. But a cohabitor accustomed to being supported may face unexpected financial hardship after the split.

If one married partner becomes ill or incompetent, the other spouse has the right to make decisions on the ill spouse's behalf on issues like health care and finances.

No matter how close the bond or how long the relationship has existed, a cohabitant may need to defer to immediate family to make decisions for an ill or incompetent partner unless a general power of attorney or health care power of attorney gives them that authority.

When one spouse dies, the other spouse has the legal right to inherit a part of the spouse's estate.

When one cohabitant dies, their property will pass to whoever is named in their will. If there is no will, to family members according to state laws. The surviving partner has no claim to the estate unless they are named in the deceased partner's will.

Children born during the marriage are presumed to be the offspring of the husband and wife.

The father of a child born to unmarried cohabitants is not entitled to a legal presumption of paternity. They may have to establish their paternity through blood tests and legal action.

Children born to married couples must be financially supported during the marriage.

The male in a cohabitating partnership does not incur an immediate legal obligation to support children born during the cohabitation. But they may do so voluntarily (and must do so if paternity is established).

After separation or divorce, the non-custodial parent generally is legally obligated to help financially support the children of the marriage.