Dear Gen Z, We Know You Don’t Want to Get Married, and That Worries Us
Marriage rates are declining and Gen Z is leading the charge in redefining what commitment looks like. If you don’t see marriage in your future, that’s your decision, but as family law professionals, we have some concerns. Not because we think you should get married, but because the law isn’t built to protect long-term partnerships that don’t come with a legal marriage certificate.
If you and your partner build a life together without getting married, here are some legal realities to keep in mind:
- No Marriage Means No Spousal Support
Many couples make career sacrifices to support each other, whether by taking time off for childcare, moving for a partner’s job, or even stepping back to support a shared dream. In a marriage, if one person gives up earning potential, spousal support (alimony) can help balance that out in the event of a breakup. Without marriage? You walk away with what you earn, nothing more.
- Title Matters, So Make Sure It’s Right
If you buy a house together or invest in property, the title determines ownership. Without marriage, there’s no automatic presumption of shared assets. If your name isn’t on the deed, you may have no claim to the property. If only one of you is listed on a car loan, the other may have no obligation to pay it. If one partner passes away without a proper estate plan, the surviving partner may have no legal rights to what you built together.
- Your Retirement? Only What’s in Your Name
Married couples typically divide retirement savings earned during the marriage. If you and your partner are together for years without tying the knot, you only keep what’s in your name. Even if you both planned to retire together, the law won’t treat those plans as legally binding. When married, you also have the benefit of avoiding tax consequences if you have to make a transfer between your retirement accounts. If you are unmarried however, you would not have this benefit and may not be able to make a transfer at all with certain accounts.
- Breaking Up Can Be Financially Devastating
Divorce comes with legal protections, including dividing assets, determining financial fairness, and ensuring no one is left in a dire situation. When an unmarried couple splits, the law doesn’t offer the same safeguards. If one person earns significantly more, the other is left to navigate financial recovery alone.
What Can You Do?
If marriage isn’t for you, that’s okay, but protect yourself.
- Cohabitation agreements and joint ownership agreements can set financial expectations.
- Estate planning for you and your partner to make sure you are both protected if one passes away.
- Retirement planning to create a plan of what would happen if you were to split up.
Love doesn’t need a piece of paper, but the law doesn’t recognize relationships based on love alone. If you’re with someone, make sure you’re covered.
Talk to us; we are here to help.
