Unmarried Couples, Law, and Public Policy

287 Pages·2010·1.283 MB·English

by  Cynthia Grant Bowman

Unmarried Couples, Law,
and Public Policy
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Unmarried Couples, Law,

and Public Policy
cynthia grant bowman

1
1

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Library of Congress Cataloging-in-Publication Data
Bowman, Cynthia Grant, 1945–
Unmarried couples, law, and public policy / Cynthia Grant Bowman.
p. cm.
Includes bibliographical references and index.
ISBN 978-0-19-537227-4 (hardback) : alk. paper)
1. Unmarried couples—Legal status, laws, etc.—United States. 2. Unmarried couples—Social
aspects—United States. 3. Unmarried couples—Legal status, laws, etc. I. Title.
KF538.B69 2010
346.7301’6—dc22 2009041113
____________________________________________
1 2 3 4 5 6 7 8 9
Printed in the United States of America on acid-free paper
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Contents
Preface and Acknowledgments xi
Introduction 1
chapter 1 Cohabitation in the United States: Th e Past 11
1. Criminalization of Cohabitation 12
2. Common Law Marriage and Related Fictions 21
3. Denial of Benefi ts to Cohabitants: A Case Study of
Illinois 28
4. Th e Inadequacy of Equitable Remedies 38
chapter 2 Legal Treatment of Cohabitation in the United States
Today 47
1. Cohabitants’ Rights Based on Contract 47
2 . Cohabitants’ Rights Based on Status 5 3
2.1. Meretricious Relationships in Washington 54
2.2. Domestic Partnership Laws 5 9
3. Rights Against Th ird Parties 69
3.1. Benefi ts from the State 70
3.2. Tort Claims Against Th ird Parties 73
3.3. Health-Related Benefi ts 78
4. Cohabitants and Th eir Children 80
chapter 3 Cohabitation in the United States Today 93
1. Th e 1960s 93
2. Change over Time 97
2.1. Statistics 97
2.2. Rate and Age of Marriage 99
2.3. Predictions 101
vii
viii contents
3. Who Cohabits and Why? 102
3.1. College Students and Young Dating Singles 102
3.2. Variations by Income 1 06
3.3. Variation by Race and Ethnic Group: African
Americans 111
3.4. Variation by Race and Ethnic Group: Latino/as 114
3.5. Divorced Persons 117
3.6. Th e Elderly 118
3.7. Other Characteristics 121
chapter 4 Social Science and Cohabitation 125
1. Th e Pioneers 125
2. Trends in the Literature 1 27
3. What Social Science Has Told Us About
Cohabitation 131
3.1. Duration of Cohabiting Unions 131
3.2. Th e Economics of Cohabiting Relationships 138
3.2.1. Management of Money Within Cohabiting
Relationships 138
3.2.2. Th e Impact of Cohabitation Upon the
Economic Well-being of the Partners and Th eir
Children 142
3.2.3. Division of Household Labor Between
Cohabitants 1 43
3.3. Quality of the Relationship 146
3.4. Domestic Violence and Cohabitation 151
3.5. Impact of Cohabitation on Children 1 58
3.6. What We Know: A Summary 167
4. Implications of the Social Science Findings 169
chapter 5 Treatment of Cohabitation in Other Nations 173
1. England: Nonrecognition and Piecemeal Benefi ts 175
2. Canada: Th e New Common Law Marriage? 186
3. De Facto Relationships in Australia 194
4. Th e Netherlands: A Cafeteria Approach to Cohabitants’
Rights 201
5. France: Concubinage and the Pacte Civil de Solidarité 206
6. Sweden and Neutrality Between Cohabitation and
Marriage 214
contents ix
chapter 6 A New Law for Cohabitants in the United States 221
1. Recommendations for Reform of U.S. Law 223
1.1. Imposition by Law of Quasi-marital Status on
Cohabitants After Two Years or a Child 224
1.2. Th e Ability of Cohabitants to Contract Out of
Obligations 228
1.3. A System of Registration for Domestic
Partnerships 229
2. Th e Impact of the Proposed Reforms on Marriage 230
2.1. Incentives and Marriage 231
2.2. Cross-historical and Cross-national
Comparisons 234
3. Th e Impact of the Proposed Reforms on Various Groups
of Cohabitants 239
Conclusion 2 43
References 245
Index 267