04/20/2026
If you think divorce is messy, try leaving a life built together without ever having been legally married.
More Americans than ever are facing that reality.
More than 20 million adults are living together without the legal bonds of marriage, up from 14 million in 2009, according to the National Center for Family & Marriage Research. Protracted court battles around the country over everything from pets to property show how laws haven’t kept up with the changing ways people are coupling up.
While state laws govern how marriages are unwound, resolutions for unmarried couples often hinge on a court’s interpretation of case law, with varying outcomes.
The law generally treats marriage as a financial partnership and the presumption is that assets will be equitably divided upon breakup. A few states including Texas and Kansas recognize common-law marriages, where u***d couples who publicly represent themselves as spouses are subject to the state’s marriage and divorce laws. But most states don’t.
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