My Partner and I Are Not Married Am I Entitled To Any Thing If We Split?
My Partner and I Are Not Married Am I Entitled To Any Thing If We Split?
Published: Sept. 10, 2020 By Quentin Fottrell
Dear Moneyist, My partner and I have been together five years. We are not married. In that time he has been the primary, and often the sole, breadwinner.
When we met, he had several million dollars in investment accounts as well as a substantial salary ($400,000 to $800,000 a year, depending on bonuses). In that time, he paid off previous debt that I had incurred. We have lived a good life with lots of travel and many other luxuries.
At one point, he was offered a job in Europe and I left my new job in the U.S. to join him, a decision that left me unable to earn an income and continuing to depend on him for his money.
We share a couple of joint bank accounts, but the vast majority of his money is in accounts in his name only. I have never thought that money should be under both of our names, as it was money he had earned before we even met.
In the time we’ve been together, he has made $2 million to $3 million in income, and he has sold real estate that was owned before we met totaling $1 million. If we separated in the U.S., would I be entitled to anything from him? John
Dear John,
The short answer is no. Common-law marriage is typically elective and difficult to prove.
Now for the long answer: Common-law marriage was an old English law, and today only exists in a handful of U.S. states as an elective option. That is, you legally declare yourselves common-law spouses. You are not considered married in the eyes of the court or the government just because you lived together for five, 10 or even 20 years.
You willingly acknowledge that he was the main breadwinner, he paid off debt and, when he got a job overseas, you made the decision to give up your job in the U.S. and follow him, and allowed him to pay for your living expenses. These choices afforded you a certain lifestyle, and you did not have the career, or the savings, you would have had otherwise.
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