To Wed or Not to Wed: Unmarried Partner Break-Ups~ 4 min read
In this episode of Continental Divide: A Guide to Colorado Divorce, hosts Kristi Anderson Wells and Sean O’Connor explore the complexities of unmarried partner breakups in Colorado. Joined by Ann Gushurst, an attorney known for her role in eliminating the ban on same-sex marriage in the Colorado Constitution, they delve into the legal challenges that unmarried couples face when separating. The discussion highlights the differences between divorce and unmarried breakups, the implications of common law marriage, and the importance of cohabitation agreements. The hosts emphasize the unpredictable nature of common law marriage rulings and the potential financial and legal pitfalls for couples who do not formalize their relationship. This episode is a must-listen for anyone navigating the intricacies of family law in Colorado, providing valuable insights and practical advice to protect one’s interests.
Topics Covered
- Unmarried partner breakups
- Common law marriage
- Cohabitation agreements
- Property division
- Financial and legal risks
- Same-sex marriage history
Full Episode Transcript
Why do many couples think breaking up an unmarried relationship is simpler than a divorce?
Ending an unmarried relationship is often assumed to be simpler because there isn’t a formal legal process like divorce. However, without the Uniform Dissolution of Marriage Act, unmarried couples in Colorado must rely on antiquated common law concepts for property division, which can be complex and unpredictable. This includes dealing with issues like partition, unjust enrichment, and conversion of personal property. The lack of a clear legal framework makes the process messy and fact-specific, often more complicated than divorce.
What is common law marriage in Colorado and how does it differ from other states?
In Colorado, common law marriage is recognized as a valid marriage if the couple holds themselves out as married, despite not having a formal marriage ceremony or license. This is different from many states that do not recognize common law marriage at all. Historically, common law marriage arose in regions where formal marriage ceremonies were inaccessible. Colorado courts consider factors like cohabitation, joint ownership, and a sincere belief the parties are married, “holding themselves out” as married often evidenced by societal acknowledgment of the marriage. However, the determination of a common law marriage can be unpredictable and varies by case.
What are courts looking at to determine if there’s a common law marriage?
Courts look at several factors to determine whether a common law marriage exists: whether the couple has a sincere belief that they are married, presents themselves as married to the public, shares joint ownership of property, lists each other as beneficiaries on insurance policies, or files joint tax returns. However, these factors can be interpreted differently, and the outcome is often at the judge’s discretion. Even with substantial evidence, a judge might still rule against recognizing a common law marriage, making the process unpredictable.
What happens to long-term same-sex relationships formed before marriage was legal?
For same-sex couples who were together before marriage equality, the years spent in the relationship before legal recognition can complicate divorce proceedings. Without common law marriage, these years may not count towards the marriage’s duration, affecting property division and maintenance claims. This creates challenges in fairly distributing assets accumulated over the entire relationship and determining support obligations.
What steps should unmarried couples take to protect themselves legally?
Unmarried couples should consider creating a contractual cohabitation agreement to outline property division and financial responsibilities should the relationship end. This agreement can specify that a formal marriage is necessary to be considered married, thus avoiding common law marriage implications. Similar to a prenuptial agreement, although without the same statutory basis as a prenup,, a cohabitation agreement provides clarity and protection from legal complications if the couple separates.
How complex is it to resolve issues without a marriage or cohabitation agreement?
Resolving issues without marriage or a cohabitation agreement can be extremely complex. Couples may need to file separate legal actions in different courts for custody, property division, and financial matters, each requiring different legal expertise. This fragmented approach is costly and time-consuming, often requiring multiple court proceedings to settle what a single divorce proceeding would address.