Cohabitation
Encyclopedia
Cohabitation usually refers to an arrangement whereby two people decide to live together on a long-term or permanent basis in an emotionally and/or sexually intimate relationship
. The term is most frequently applied to couples who are not married
. More broadly, the term can also mean any number of people living together (see other uses).
, some interracial
or interreligious marriage
s are not legal or permitted. Other reasons include living as a way for polygamists
or polyamorists
to avoid breaking the law, or as a way to avoid the higher income taxes paid by some two-income married couples (in the United States), negative effects on pension payments (among older people), or philosophical opposition to the institution of marriage (that is, seeing little difference between the commitment to live together and the commitment to marriage). Some individuals also may choose to cohabit because they see their relationships as being private and personal matters, and not to be controlled by political, religious, matriarchal or patriarchal institutions.
Some couples prefer cohabitation because it does not legally commit them for an extended period, and because it is easier to establish and dissolve without the legal costs often associated with a divorce. In some jurisdictions cohabitation can be viewed legally as common-law marriage
s, either after the duration of a specified period, or the birth of the couple's child, or if the couple consider and behave accordingly as husband and wife. (This helps provide the surviving partner a legal basis for inheriting the deceased's belongings in the event of the death of their cohabiting partner.) In Saskatchewan
, Canada
, a married person may cohabit with other married or single persons and become the spouses of all of them under the Saskatchewan Family Property Act. Consent of the "subsequent spouse" is not required. Although Canada has a federal criminal code law prohibiting polygamy, which includes anyone who authorizes more than one conjugal union at a time, Saskatchewan judicial authorities that unilaterally authorize multiple conjugal unions have not yet been charged under this federal law.
, a man and a woman who lived together without being married were once socially shunned and persecuted and, in some cases, prosecuted by law. In some jurisdictions, cohabitation was illegal until relatively recently. Other jurisdictions have created a common-law marriage
status when two people of the opposite sex live together for a prescribed period of time. Most jurisdictions no longer prosecute this choice. In the province of Saskatchewan
, Canada
, judicial authorities have used binding authority to sanction married women being the same time "spouse" of other men due to cohabitation. Consent to be spouses of all persons involved is not required. Therefore, it is likely that future court challenges in Canada will use this Canadian case law to claim married persons may also civilly marry other persons without divorcing first.
A scientific survey
of over 1,000 married men and women in the United States of America found those who moved in with a lover before engagement or marriage reported significantly lower quality marriages and a greater possibility for splitting up than other couples. About 20 percent of those who cohabited before getting engage
d had since suggested divorce
- compared with only 12 percent of those who only moved in together after getting engaged and 10 percent who did not cohabit prior to marriage.
Psychologist
Dr Galena Rhoades said: "There might be a subset of people who live together before they got engaged who might have decided to get married really based on other things in their relationship
- because they were already living together and less because they really wanted and had decided they wanted a future together. We think some couples who move in together without a clear commitment to marriage may wind up sliding into marriage partly because they are already cohabiting.". Many cohabiting couples may also end up getting married due to pressure from their parents.
Aside from the law, cohabiting remains very much taboo across the region. Nevertheless, the issue of cohabitation of unmarried couples has featured in some Tunisian movies, such as Les Silences du Palais (1994)
In America, in 2003, 22.5% of couples were cohabiting.
Intimate relationship
An intimate relationship is a particularly close interpersonal relationship that involves physical or emotional intimacy. Physical intimacy is characterized by romantic or passionate love and attachment, or sexual activity. The term is also sometimes used euphemistically for a sexual...
. The term is most frequently applied to couples who are not married
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
. More broadly, the term can also mean any number of people living together (see other uses).
Reasons for cohabitation
Today, cohabitation is a common pattern among people in the Western world. People may live together for a number of reasons. These may include wanting to test compatibility or to establish financial security before getting married. It may also be because they are unable to legally marry, due to reasons such as same-sexSame-sex marriage
Same-sex marriage is marriage between two persons of the same biological sex or social gender. Supporters of legal recognition for same-sex marriage typically refer to such recognition as marriage equality....
, some interracial
Interracial marriage
Interracial marriage occurs when two people of differing racial groups marry. This is a form of exogamy and can be seen in the broader context of miscegenation .-Legality of interracial marriage:In the Western world certain jurisdictions have had regulations...
or interreligious marriage
Interreligious marriage
Interfaith marriage, traditionally called mixed marriage, is marriage between partners professing different religions. Some religious doctrines prohibit interfaith marriage, and while others do allow it, most restrict it...
s are not legal or permitted. Other reasons include living as a way for polygamists
Polygamy
Polygamy is a marriage which includes more than two partners...
or polyamorists
Polyamory
Polyamory is the practice, desire, or acceptance of having more than one intimate relationship at a time with the knowledge and consent of everyone involved....
to avoid breaking the law, or as a way to avoid the higher income taxes paid by some two-income married couples (in the United States), negative effects on pension payments (among older people), or philosophical opposition to the institution of marriage (that is, seeing little difference between the commitment to live together and the commitment to marriage). Some individuals also may choose to cohabit because they see their relationships as being private and personal matters, and not to be controlled by political, religious, matriarchal or patriarchal institutions.
Some couples prefer cohabitation because it does not legally commit them for an extended period, and because it is easier to establish and dissolve without the legal costs often associated with a divorce. In some jurisdictions cohabitation can be viewed legally as common-law marriage
Common-law marriage
Common-law marriage, sometimes called sui juris marriage, informal marriage or marriage by habit and repute, is a form of interpersonal status that is legally recognized in limited jurisdictions as a marriage even though no legally recognized marriage ceremony is performed or civil marriage...
s, either after the duration of a specified period, or the birth of the couple's child, or if the couple consider and behave accordingly as husband and wife. (This helps provide the surviving partner a legal basis for inheriting the deceased's belongings in the event of the death of their cohabiting partner.) In Saskatchewan
Saskatchewan
Saskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, a married person may cohabit with other married or single persons and become the spouses of all of them under the Saskatchewan Family Property Act. Consent of the "subsequent spouse" is not required. Although Canada has a federal criminal code law prohibiting polygamy, which includes anyone who authorizes more than one conjugal union at a time, Saskatchewan judicial authorities that unilaterally authorize multiple conjugal unions have not yet been charged under this federal law.
Opposition
In the Western worldWestern world
The Western world, also known as the West and the Occident , is a term referring to the countries of Western Europe , the countries of the Americas, as well all countries of Northern and Central Europe, Australia and New Zealand...
, a man and a woman who lived together without being married were once socially shunned and persecuted and, in some cases, prosecuted by law. In some jurisdictions, cohabitation was illegal until relatively recently. Other jurisdictions have created a common-law marriage
Common-law marriage
Common-law marriage, sometimes called sui juris marriage, informal marriage or marriage by habit and repute, is a form of interpersonal status that is legally recognized in limited jurisdictions as a marriage even though no legally recognized marriage ceremony is performed or civil marriage...
status when two people of the opposite sex live together for a prescribed period of time. Most jurisdictions no longer prosecute this choice. In the province of Saskatchewan
Saskatchewan
Saskatchewan is a prairie province in Canada, which has an area of . Saskatchewan is bordered on the west by Alberta, on the north by the Northwest Territories, on the east by Manitoba, and on the south by the U.S. states of Montana and North Dakota....
, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, judicial authorities have used binding authority to sanction married women being the same time "spouse" of other men due to cohabitation. Consent to be spouses of all persons involved is not required. Therefore, it is likely that future court challenges in Canada will use this Canadian case law to claim married persons may also civilly marry other persons without divorcing first.
A scientific survey
Statistical survey
Survey methodology is the field that studies surveys, that is, the sample of individuals from a population with a view towards making statistical inferences about the population using the sample. Polls about public opinion, such as political beliefs, are reported in the news media in democracies....
of over 1,000 married men and women in the United States of America found those who moved in with a lover before engagement or marriage reported significantly lower quality marriages and a greater possibility for splitting up than other couples. About 20 percent of those who cohabited before getting engage
Engagement
An engagement or betrothal is a promise to marry, and also the period of time between proposal and marriage which may be lengthy or trivial. During this period, a couple is said to be betrothed, affianced, engaged to be married, or simply engaged...
d had since suggested divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
- compared with only 12 percent of those who only moved in together after getting engaged and 10 percent who did not cohabit prior to marriage.
Psychologist
Psychologist
Psychologist is a professional or academic title used by individuals who are either:* Clinical professionals who work with patients in a variety of therapeutic contexts .* Scientists conducting psychological research or teaching psychology in a college...
Dr Galena Rhoades said: "There might be a subset of people who live together before they got engaged who might have decided to get married really based on other things in their relationship
Intimate relationship
An intimate relationship is a particularly close interpersonal relationship that involves physical or emotional intimacy. Physical intimacy is characterized by romantic or passionate love and attachment, or sexual activity. The term is also sometimes used euphemistically for a sexual...
- because they were already living together and less because they really wanted and had decided they wanted a future together. We think some couples who move in together without a clear commitment to marriage may wind up sliding into marriage partly because they are already cohabiting.". Many cohabiting couples may also end up getting married due to pressure from their parents.
Americas
- In CanadaCanadaCanada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, 18.0% of couples were cohabiting as of 2001 (29.8.% in Quebec, and 11.7% in the other provinces).
- In MexicoMexicoThe United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
, 18.7% of couples were cohabiting as of 2005. Ley de sociedad de convivencia: the Spanish name for "Cohabitation Societies Law", legislation created on November 9, 2006, by the Legislation Assembly of Mexico CityMexico CityMexico City is the Federal District , capital of Mexico and seat of the federal powers of the Mexican Union. It is a federal entity within Mexico which is not part of any one of the 31 Mexican states but belongs to the federation as a whole...
to establish legal rights and duties for all those cases where two people (due to either sexual, familial or friendly reasons) are living together.
- Cohabitation in the United StatesCohabitation in the United StatesCohabitation in the United States is illegal in five states but a total of 4.85 million couples live together.-Statistics:In most parts of the United States, there is no legal registration or definition of cohabitation, so demographers have developed various methods of identifying cohabitation and...
became common in the late 20th century. As of 2005, 4.85 million unmarried couples were living together, and as of 2002, about half of all women aged 15 to 44 had lived unmarried with a partner. Seven states still have anti-cohabitation laws on the books, but they are almost never enforced and are now believed to be unconstitutional since the legal decision Lawrence v. TexasLawrence v. TexasLawrence v. Texas, 539 U.S. 558 , is a landmark United States Supreme Court case. In the 6-3 ruling, the Court struck down the sodomy law in Texas and, by proxy, invalidated sodomy laws in the thirteen other states where they remained in existence, thereby making same-sex sexual activity legal in...
in 2003.
Asia
- In BangladeshBangladeshBangladesh , officially the People's Republic of Bangladesh is a sovereign state located in South Asia. It is bordered by India on all sides except for a small border with Burma to the far southeast and by the Bay of Bengal to the south...
cohabitation after divorce is frequently punished by the salishi system of informal courts, especially in rural areas.
- Cohabitation in IndiaCohabitation in IndiaCohabitation or live-in relationships in India is though not illegal, is considered socially and morally improper. Cohabitation is prevalent mostly among the people living in metro cities in India-Legal decisions :...
had been taboo since British rule. However, this is no longer true in large cities, but is not often found in rural areas which are more conservative. Live-in relationships are legal in India. Recent Indian court rulings have ascribed some rights to long term cohabiting partners. Female live-in partners have economic rights under Protection of Women from Domestic Violence Act 2005Protection of Women from Domestic Violence Act 2005The Protection of Women from Domestic Violence Act 2005 was brought into force by the Indian government from October 26, 2006. The Act was passed by the Parliament in August 2005 and assented to by the President on 13 September 2005. As of November 2007, it has been ratified by four of...
.
- In Indonesia, an Islamic penal code proposed in 2005 would have made cohabitation punishable by up to two years in prison.
- In JapanJapanJapan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
, according to M. Iwasawa at the National Institute of Population and Social Security Research, less than 3% of females between 25-29 are currently cohabiting, but more than 1 in 5 have had some experience of an unmarried partnership, including cohabitation. A more recent Iwasawa study has shown that there has been a recent emergence of non-marital cohabitation. Couples born in the 1950s cohort showed an incidence of cohabitation of 11.8%, where the 1960s and 1970s cohorts showed cohabitation rates of 30%, and 53.9% respectively. The split between urban and rural residence for people who had cohabited is indicates 68.8% were urban and 31.2% were rural.
- In the PhilippinesPhilippinesThe Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
, around 2.4 million Filipinos were cohabiting as of 2004. The 2000 census placed the percentage of cohabiting couples at 19%. The majority of individuals are between the ages of 20-24. Poverty was often the main factor in decision to cohabit.
Europe
- In BulgariaBulgariaBulgaria , officially the Republic of Bulgaria , is a parliamentary democracy within a unitary constitutional republic in Southeast Europe. The country borders Romania to the north, Serbia and Macedonia to the west, Greece and Turkey to the south, as well as the Black Sea to the east...
, cohabitation is very common; 53.4% of all children born in 2009 were into families of unmarried couples.
- In DenmarkDenmarkDenmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
, NorwayNorwayNorway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
and SwedenSwedenSweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....
, cohabitation is very common; roughly 50% of all children are born into families of unmarried couples, whereas the same figure for several other Western EuropeWestern EuropeWestern Europe is a loose term for the collection of countries in the western most region of the European continents, though this definition is context-dependent and carries cultural and political connotations. One definition describes Western Europe as a geographic entity—the region lying in the...
an countries is roughly 10% . Many couples decide to marry later. - In late 2005, 21% of families in FinlandFinlandFinland , officially the Republic of Finland, is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden in the west, Norway in the north and Russia in the east, while Estonia lies to its south across the Gulf of Finland.Around 5.4 million people reside...
consisted of cohabitating couples (all age groups). Of couples with children, 18% were cohabitating. Of ages 18 and above in 2003, 13.4% were cohabitating. Generally, cohabitation amongst Finns is most common for people under 30. Legal obstacles for cohabitation were removed in 1926 in a reform of the Criminal CodeCriminal Code of FinlandThe Criminal Code of Finland is the codification of the central legal source concerning criminal law in Finland.-References:*Note: English not being official language in Finland, the English translations of Finnish legislation at finlex.fi are unofficial, though used by the Finnish Ministry of...
, while the phenomenon was socially accepted much later on. - In the UK, 25% of children are now born to cohabiting parents.
- In FranceFranceThe French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, 17.5% of couples were cohabiting as of 1999.
Middle East
- The cohabitation rate in IsraelIsraelThe State of Israel is a parliamentary republic located in the Middle East, along the eastern shore of the Mediterranean Sea...
is less than 3% of all couples, compared to 8%, on average, in West European countries. As of 1994, the rate of premarital cohabitation in Israel was 25%. - Cohabitation is illegal according to shariaShariaSharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
law (for the countries that enforce it)
Aside from the law, cohabiting remains very much taboo across the region. Nevertheless, the issue of cohabitation of unmarried couples has featured in some Tunisian movies, such as Les Silences du Palais (1994)
Oceania
- In AustraliaAustraliaAustralia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, 22% of couples were cohabiting as of 2005.
- In New ZealandNew ZealandNew Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
, 18.3% of couples were cohabiting as of 2001.
In America, in 2003, 22.5% of couples were cohabiting.
See also
- AlimonyAlimonyAlimony is a U.S. term denoting a legal obligation to provide financial support to one's spouse from the other spouse after marital separation or from the ex-spouse upon divorce...
- FamilyFamilyIn human context, a family is a group of people affiliated by consanguinity, affinity, or co-residence. In most societies it is the principal institution for the socialization of children...
- Family lawFamily lawFamily law is an area of the law that deals with family-related issues and domestic relations including:*the nature of marriage, civil unions, and domestic partnerships;...
- Family law
- ChildChildBiologically, a child is generally a human between the stages of birth and puberty. Some vernacular definitions of a child include the fetus, as being an unborn child. The legal definition of "child" generally refers to a minor, otherwise known as a person younger than the age of majority...
- Interpersonal relationshipInterpersonal relationshipAn interpersonal relationship is an association between two or more people that may range from fleeting to enduring. This association may be based on limerence, love, solidarity, regular business interactions, or some other type of social commitment. Interpersonal relationships are formed in the...
and Intimate relationshipIntimate relationshipAn intimate relationship is a particularly close interpersonal relationship that involves physical or emotional intimacy. Physical intimacy is characterized by romantic or passionate love and attachment, or sexual activity. The term is also sometimes used euphemistically for a sexual...
- DivorceDivorceDivorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
- Domestic partnershipDomestic partnershipA domestic partnership is a legal or personal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage nor a civil union...
- Free unionFree UnionA free union is a union between two persons that lacks any publicly recognized bond .-Roman Catholic criticism:The Roman Catholic Church argues that the phrase "free union" is misleading. The Catechism of the denomination raises the question of what "union" can mean in the phrase "free union"...
- MarriageMarriageMarriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
- PilegeshPilegeshPilegesh is a Hebrew term for a concubine with similar social and legal standing to a recognized wife, often for the purpose of producing offspring.-Etymology:...
- Divorce
- Marriage gapMarriage gapThe marriage gap describes observed economic and political disparities between those who are married and those who are single. The marriage gap can be compared to, and should not be confused with, the gender gap.-Politics and marriage:...
- Living Apart TogetherLiving apart togetherLiving Apart Together is a term to describe couples who have an intimate relationship but live at separate addresses. LAT couples account for around 10% of adults in Britain, a figure which equates to over a quarter of all those not married or cohabiting...