If you’re in an LGBTQ+ relationship and considering divorce, you might wonder how pre-marital cohabitation affects the division of assets. Pre-marital cohabitation in same-sex relationships is treated the same as everyone else.
Understanding pre-marital cohabitation and asset division
Pre-marital cohabitation refers to living together before marriage, and this has little affect on how assets get divided in the event of a divorce after you are married. In most cases, assets accumulated before marriage are considered separate property. Even if both parties were contributing to the household during pre-marital cohabitation your separate assets will likely remain separate unless they were mixed with marital assets after marriage or somehow gifted to the marriage.
How the courts approach asset division
The courts generally follow the principle of equitable distribution, meaning courts divide assets fairly but not necessarily equally. The court will review several factors when determining asset division, including the length of the marriage, each party’s contributions, and any agreements made before or during the marriage. For couples who lived together before marriage, courts may consider what each of the parties brought into the marriage but that is only one factor.
What you can do to protect yourself
You can take steps to protect your yourself If you live together before marriage. A cohabitation agreement (if you do not intend to get married) or a prenuptial agreement (if you intend to get married) can outline what happens with property and assets if the relationship ends. These agreements provide clarity and reduce confusion during the divorce process. Without such agreements, keeping detailed records of individual and joint contributions to property and finances for your time together before and after marriage can help.