Cohabitation — living together without being married — has become increasingly common in Georgia and across the United States. But does cohabitation before or after marriage increase the risk of divorce? At Hobson & Hobson, P.C., we leverage over 30 years of combined experience to help clients navigate the complexities of divorce, including the legal and personal implications of cohabitation. Here, we explore the latest research, legal considerations in Georgia, and what you need to know if you’re considering cohabitation before or after divorce.
The Link Between Cohabitation and Divorce: What the Research Shows
Recent studies consistently indicate that cohabitation before marriage can be a risk factor for divorce. According to the Institute for Family Studies, couples who live together before engagement are about 39% more likely to divorce than those who wait until after engagement or marriage to cohabit (source). Another study found that 34% of marriages among couples who cohabited before engagement ended in divorce, compared to 23% for those who waited until after engagement.
Expert Insight: Psychologists Galena Rhoades and Scott Stanley from the University of Denver have extensively researched this topic. They argue that while societal norms have shifted to accept cohabitation, the associated risk of divorce has not diminished. Their research suggests that the timing and intention behind cohabitation matter — living together before a clear commitment (such as engagement) may set patterns that undermine marital stability.
Why Does Cohabitation Before Marriage Increase Divorce Risk?
Experts suggest several reasons why cohabitation before marriage can increase the risk of divorce:
- Sliding vs. Deciding: Couples who move in together without a clear commitment may “slide” into marriage rather than make a deliberate decision, leading to mismatched expectations.
- Selection Effect: Individuals who choose to cohabit may have different attitudes toward marriage and divorce, which could influence outcomes.
- Relationship Dynamics: Cohabitation can sometimes mask incompatibilities that become apparent only after marriage.
Despite these risks, it’s important to note that not all cohabiting couples are at higher risk. Factors such as age, education, and the timing of cohabitation relative to engagement or marriage play significant roles.
Cohabitation After Divorce: Legal Implications in Georgia
In Georgia, cohabitation after divorce carries important legal consequences, particularly regarding alimony and spousal support. Under Georgia law, if a former spouse begins cohabiting with a new partner, this can be considered a material change in circumstances and may lead to the reduction or termination of alimony payments (Georgia Code § 19-6-19).
How Cohabitation After Divorce Affects Alimony
- Modification or Termination: If the recipient of alimony is found to be cohabiting in a “meretricious relationship” (a relationship akin to marriage), the paying spouse can petition the court to modify or terminate alimony.
- Burden of Proof: The paying spouse must provide evidence of cohabitation, such as shared finances, joint residence, or public acknowledgment of the relationship.
- Case-by-Case Basis: Georgia courts evaluate each situation individually, considering the nature and duration of the cohabitation.
Our Approach: At Hobson & Hobson, we provide strategic guidance and aggressive advocacy to protect your financial interests, whether you are seeking to modify alimony or defend against such a claim.
Social Networks and Divorce Risk
Interestingly, research also shows that social networks can influence divorce risk. Having close friends or family members who have divorced increases the likelihood of divorce within your own marriage (Harvard Gazette). This underscores the complex interplay between personal relationships and marital stability.
Trends in Cohabitation and Marriage
- Only about 6% of cohabiting relationships that do not transition to marriage remain intact after 10 years among adults born in the 1980s (Pew Research Center).
- The majority of Americans now approve of cohabitation, but the long-term stability of these relationships remains lower than that of married couples.
Legal Considerations for Cohabiting Couples in Georgia
While Georgia does not recognize “common law marriage” for relationships formed after January 1, 1997, cohabiting couples should be aware of their legal rights and responsibilities. Cohabitation does not automatically grant property or inheritance rights. If you are considering cohabitation — either before or after divorce — it is wise to consult with an experienced family law attorney to protect your interests.
How We Help Clients Navigate Cohabitation and Divorce
At Hobson & Hobson, we combine innovative legal strategies with a client-centric approach. Our attorneys are trained in advanced litigation and mediation techniques, ensuring efficient and effective outcomes. We help clients:
- Understand the legal implications of cohabitation before or after divorce
- Protect parental rights and finances during divorce and custody disputes
- Navigate alimony and spousal support modifications related to cohabitation
- Draft cohabitation agreements to clarify financial and property arrangements
Our commitment to ongoing training and technology ensures that clients receive clear, transparent, and reliable guidance throughout their case.
Frequently Asked Questions
Does living together before marriage always increase the risk of divorce?
Not always. While statistics show a higher risk, factors such as age, education, and the timing of cohabitation (before or after engagement) can influence outcomes. Couples who cohabit after engagement or marriage typically do not face the same increased risk.
Can cohabitation after divorce affect child custody in Georgia?
Cohabitation after divorce does not automatically affect child custody, but it can be considered if it impacts the child’s well-being. Courts prioritize the best interests of the child and may review living arrangements as part of custody modifications.
How can I protect my financial interests if I plan to cohabit after divorce?
Consider drafting a cohabitation agreement to clarify financial responsibilities and property rights. If you receive or pay alimony, consult with an attorney to understand how cohabitation may affect your obligations.
Is common law marriage recognized in Georgia?
Georgia only recognizes common law marriages established before January 1, 1997. Cohabiting couples after this date do not have the same legal rights as married couples.
What should I do if my ex-spouse is cohabiting and I pay alimony?
You may be able to petition the court for a modification or termination of alimony. Gather evidence of cohabitation and consult with a family law attorney to discuss your options.
Conclusion
Cohabitation before marriage is statistically linked to a higher risk of divorce, especially when it occurs before engagement. In Georgia, cohabitation after divorce can significantly impact alimony and financial arrangements. At Hobson & Hobson, we are dedicated to helping clients make informed decisions and protect their interests during these challenging transitions. Our blend of professionalism, innovation, and client-focused support ensures that you receive the highest standard of legal representation.
For more information or to schedule a consultation, visit Hobson & Hobson, P.C..
References & Further Reading:
- Institute for Family Studies: Cohabitation and Divorce
- Pew Research Center: Changing Relationships
- Harvard Gazette: Divorce is Contagious
- Georgia Code § 19-6-19: Modification of Alimony
- Hobson & Hobson, P.C.
Attorney Sarah Hobson at Hobson and Hobson, P.C. are powerful advocates for those who fight for better futures for those going through divorce and custody law matters.
