Ending Three Types of Non-Marital Relationships in Illinois

 Posted on December 27, 2024 in Family Law

Decades ago, there was one type of marriage – a heterosexual marriage between a man and a woman. Since that time, societal expectations of marriage have vastly expanded, and marriage rates have significantly declined. In 2021, the U.S. marriage rate was 14.9 marriages per 1,000, down from 16.3 per 1,000 a decade earlier. Alaska and Utah have the highest marriage rates at 23.5 and 22.3 per 1,000, respectively. Puerto Rico had both the lowest marriage and the lowest divorce rates.

While marriage rates have declined, there is no indication that people are foregoing relationships. Unlike marriage, these relationships are more informal and less legal. This can lead to complexities when a couple wants to end a relationship other than a marriage. It can get even more complicated when a legal relationship in other states (like a common-law marriage) is not recognized in Illinois. If you are facing the end of a relationship that is not legally recognized in the state of Illinois, it is extremely important that you speak to an experienced Bloomingdale, IL family law attorney.

What Are the Three Types of Unconventional Relationships?

Cohabitation

More couples are choosing to cohabitate rather than marry, with a sharp uptick in cohabitation over the past two decades. Some of these couples have entered into a "cohabitation agreement" under the theory that if they split up, this agreement will act like a pre or postmarital agreement.

It is important to note that cohabitation agreements are not enforced in the state of Illinois as a result of public policy that does not recognize unmarried couples as having the same rights and obligations as married couples.

Cohabitating adults should be aware of the Illinois stance on cohabitation, especially as it affects shared assets. Couples who do own property together may be forced to take asset division disagreements to civil court.

Civil Unions

Illinois was the first state to recognize civil unions, originally benefitting same-sex couples who wanted to be legally protected. In fact, a civil union can be entered into by any two people who are of legal age and are mentally competent. Since the legalization of same-sex marriage in Illinois, civil unions have decreased in popularity. Like marriage, a civil union can be complicated when it comes to dissolving the union.

Protections offered by an Illinois civil union include legal protections for families, couples allowed to make healthcare decisions for one another, and certain property and inheritance rights. While a marriage is recognized at the federal level, a civil union is not. This means that couples in a civil union may not file as "married" for tax purposes. Dissolving a civil union involves dividing shared assets, allocating parental responsibilities for a shared child, and occasionally, spousal maintenance when one party has significantly higher income than the other.   

Common-Law Marriages

A handful of states still allow common-law marriages, although Illinois is not one of them. In theory, Illinois law recognizes a common-law marriage from another state, but the couple would have to prove they were in a legitimate common-law marriage in another state. This can be difficult.  

During a divorce, one partner might be very happy to suddenly be "not married," so that spouse might deny there ever was a common-law marriage. Because there are no physical contracts or records of a common-law marriage, unless both parties agree they were in a common-law marriage in another state, the dissolution of this relationship could end up in civil court.

Contact a DuPage County, IL Family Lawyer

When you choose a Naperville, IL divorce attorney from Mevorah & Giglio Law Offices, we can help you sort out the particulars of your relationship as it pertains to divorce. We are a large law firm with extensive resources and more than 175 years of combined experience. Our firm is highly client-focused, and we believe in frequent communication with our clients. Contact Mevorah & Giglio Law Offices at 630-932-9100 to schedule your free consultation.