Should Moving In Mean Losing Out? Making a Case to Clarify the Legal Effect of Cohabitation on Alimony

As nonmarital cohabitation has skyrocketed over the last several decades, courts and legislatures have increasingly struggled to decide what legal effect an ex-spouse\u27s cohabitation with a new partner should have on the receipt of alimony payments. In seeking to answer this cohabitation question, states have taken a variety of approaches. Often, however, courts\u27 answers to the cohabitation question are not grounded in the rationale that those courts used to award alimony in the first place and may therefore lead to inconsistent or absurd results. This Note addresses the cohabitation question and argues that states should revisit their current approaches in light of the multiple contemporary theories of alimony and twenty-first century social-science research on cohabitation. Ultimately, this Note proposes several clarifications to existing law in order to provide a sensible, workable rule that would introduce consistency to courts\u27 considerations of the cohabitation question

COHABITATION: SHARPENING A FUZZY CONCEPT

This paper uses Fragile Families data to examine (1) the degree of correspondence between measures of cohabitation, (2) the prevalence of ‘part-time’ cohabitation, and (3) the extent to which the characteristics associated with cohabiting relationship are sensitive to how part-time cohabitation is classified. The results show cohabitation is a continuous rather than a dichotomous variable. At both ends of the continuum, there is substantial agreement across measures about who is (not) cohabiting. In the middle of the continuum, however, there is considerable ambiguity, with as much as 15% of couples reporting part-time cohabitation. How we classify this group will affect estimates of the prevalence of cohabitation, especially among African Americans, and may impact the characteristics and outcomes of cohabitors.

Cohabitation and marriage in Britain since the 1970s

The article presents an overview of trends in cohabitation and marriage in Britain over several decades, using a consistent set of retrospective histories from the General Household Survey 1979–2007. Time-trends are presented, for men and women, of: the experience of different types of partnership by specified ages, the frequency of premarital cohabitation, the average time spent in different types of partnership, the timing of life course transitions, and the outcome of cohabitation and marriage at the fifth and tenth anniversaries

Cohabitation and children's living arrangements

This paper uses the 1995 and 2002 waves of the National Survey of Family Growth to examine recent trends in cohabitation in the United States. We find increases in both the prevalence and duration of unmarried cohabitation. Cohabitation continues to transform children’s family lives, as children are increasingly likely to be born to a cohabiting mother (18% during 1997-2001) or to experience their mother’s entry into a cohabiting union. Consequently, we estimate that two-fifths of all children spend some time in a cohabiting family by age 12. Because of substantial missing data in the 2002 NSFG, we are unable to produce new estimates of divorce and children’s time in single-parent families. Nonetheless, our results point to the steady growth of cohabitation and to the evolving role of cohabitation in U.S. family life.children, cohabitation, family dynamics, family structure

Towards a deeper understanding of cohabitation: insights from focus group research across Europe and Australia

BACKGROUND Across the industrialized world, more people are living together without marrying. Although researchers have compared cohabitation cross-nationally using quantitative data, few have compared union formation using qualitative data.OBJECTIVE We use focus group research to compare social norms of cohabitation and marriage in Australia and nine countries in Europe. We explore questions such as: what is the meaning of cohabitation? Is cohabitation indistinguishable from marriage, a prelude to marriage, or an alternative to being single? Are the meanings of cohabitation similar across countries? METHODS Collaborators conducted 7-8 focus groups in each country using a standardized guideline. They analysed the discussions by performing bottom-up coding within each thematic area. They then presented the data in a standardized report. The first and second authors systematically coded and analysed the reports, with direct input from collaborators.RESULTS The results from each country describe a specific picture of union formation. However, three themes emerge repeatedly in all focus groups: commitment, testing, and freedom. The pervasiveness of these concepts suggests that marriage and cohabitation have distinct meanings, with marriage representing a stronger level of commitment. Cohabitation is a way to test the relationship and represents freedom. Nonetheless, other discourses emerged in the focus groups suggesting that cohabitation has multiple meanings.CONCLUSIONS This study illuminates how context shapes partnership formation, but also presents underlying reasons for the development of cohabitation. We find that the increase in cohabitation has not devalued the concept of marriage, but has become a way to preserve marriage as an ideal for long-term commitment. ?<br/

In sickness and in Health? Dynamics of health and cohabitation in the United Kingdom

The purpose of this paper is to analyse the dynamics of cohabitation and functional impairments among older people. Our research has three main aims. Firstly, we want to analyse the effects of cohabitation on disability. Secondly, we want to study time trends in disability and cohabitation jointly to explore relationships between the two. Thirdly, we examine socioeconomic differences -- as captured by educational attainment -- in disability. These issues are of great interest from several points of view. Firstly, they address an emerging theoretical debate concerning the effects of cohabitation on health and contribute to a sparse empirical literature on the topic. Secondly, our findings are highly policy relevant. Concerning long-term care for older people, for example, cohabitation is of double importance: firstly, since people who cohabit tend to be healthier, and secondly, since a partner is the typical provider of informal care. In a time where family structures among the old are likely to change (due to changes in life expectancy and divorce rates), our research will be useful for planning purposes. Finally, the model can be used to simulate populations of certain characteristics. Hence, it can be used to derive insurance premiums in order to reduce the problem of selection effects in the market for long-term care insurance. Using the British Household Panel Survey dataset, we apply panel data and simulation techniques to exploit the longitudinal characteristic of the panel. We estimate the two dependent variables -- cohabitation status and disability -- jointly, and allow for time trends, age effects and unobserved heterogeneity. We find that there are systematic differences between single and cohabiting people so that a cross sectional analysis would overestimate the causal relationship; nevertheless, cohabitation has a strong and positive effect on health. Furthermore, we find that bereavement of a partner has a significant negative impact on health

Cohabitation, nonmarital childbearing, and the marriage process

Past work on the relationship between cohabitation and childbearing shows that cohabitation increases fertility compared to being single, and does so more for intended than unintended births. Most work in this area, however, does not address concerns that fertility and union formation are joint processes, and that failing to account for the joint nature of these decisions can bias estimates of cohabitation on childbearing. For example, cohabitors may be more likely to plan births because they see cohabitation as an acceptable context for childbearing; alternatively, they may be more likely to marry than their single counterparts. In this paper, I use a modeling approach that accounts for the stable, unobserved characteristics of women common to nonmarital fertility and union formation as a way of estimating the effect of cohabitation on nonmarital fertility net of cohabitors’ potentially greater likelihood of marriage. I distinguish between intended and unintended fertility to better understand variation in the perceived acceptability of cohabitation as a setting for childbearing. I find that accounting for unmeasured heterogeneity reduces the estimated effect of cohabitation on intended childbearing outside of marriage by up to 50%, depending on race/ethnicity. These results speak to cohabitation’s evolving place in the family system, suggesting that cohabitation may be a step on the way to marriage for some, but an end in itself for others.cohabitation, family, marriage, nonmarital fertility, pregnancy intention status, unobserved heterogeneity

The reciprocal relationship between the state and union formation across Western Europe: policy dimensions and theoretical considerations

Although cohabitation and childbearing within cohabitation has increased dramatically in Europe over the past decades, the variation across Europe remains remarkable. Most studies on changing union formation have not explicitly addressed how state policies may be facilitating cohabitation or, alternatively, stalling the increase of cohabitation by privileging marriage. Indeed, the relationship between policies and union formation is complicated, as states may have passed legislation in response to increasing cohabitation. As a first step to understanding this reciprocal relationship, we provide here an overview of the policies that may impact union formation. Drawing on secondary sources and legal documents, we describe the policy dimensions that regulate the relationship between couples, and between couples and their children. We also discuss theoretical issues and explore examples from across Western Europe. As a whole, this overview raises questions about the changing “institution” of marriage, as well as the increasing “institutionalization” of cohabitation.Europe, cohabitation

Economic insecurity and cohabitation strategies in Italy

A particular aspect of demographic behavior among young people in Italy is postponement of entering first union. High youth unemployment, a tense housing situation, and a passive welfare state are currently creating a precarious economic situation, in which most young adults are unable to choose cohabitation. Thus, not surprisingly, previous studies found evidence that in Italy cohabitation was only a choice for people who were economically independent. Also of interest is that the percentage of informal unions varies to a considerable extent across Italy, showing higher proportions of cohabitation in the more prosperous regions of the North, unlike the South, where informal unions are much less prevalent and the economic system is affected by mismanagement, unemployment, and the informal economy. This suggests an interrelationship between the diffusion of cohabitation and the regional economic situation. In this qualitative study we are particularly interested in the question of how job insecurity affects cohabitation – or more precisely: How are job insecurity and resulting economic shortages related to the hesitant spread of cohabitation in Italy? For our analysis we investigated two different regional settings: Bologna in the North and Cagliari (Sardinia) in the South. Our findings show that, when compared to their counterparts in Cagliari, couples in Bologna benefited from higher opportunities to access at least temporary job contracts. Benefiting also from the availability of parental support during cohabitation, the Bologna couples faced fewer obstacles when deciding on an informal union. In Cagliari, couples were strongly affected by unstable employment conditions; further, the lack of parental approval of cohabitation often led to decreasing economic support, thereby making cohabitation an expensive choice.Italy, cohabitation, economic resources, qualitative methods

COHABITATION: AN ELUSIVE CONCEPT

Rates of out-of-wedlock births in the US have increased over the past three decades and rates of cohabitation among unwed parents have risen. Consequently, unwed parenthood is decreasingly synonymous with single parenthood. As we focus more attention on unwed parents, their living arrangements, and relationships, it is becoming clear that cohabitation is an ambiguous concept that is difficult to measure. In this study, we use the Fragile Families and Child Wellbeing data to document how sensitive cohabitation estimates can be to various sources of information and we demonstrate that relationships among unwed parents fall along a continuum, from marriage-like cohabitation at one extreme to parents who have no contact at all with one another at the other. The results underscore the limitations of using binary measures of cohabitation to characterize parent relationships.