Cohabitation Rights and Separation in Georgia: Navigating the Uncharted Waters of Unmarried Partnerships

In recent years, cohabitation outside of marriage has become increasingly common in Georgia and across the United States. Couples often choose to live together and share their lives without the legal formalities of marriage. This modern relationship trend, while reflecting changing social norms, brings legal complexities, especially when those relationships end. Thus, it is crucial for cohabiting couples in Georgia to understand their legal situation and take proactive steps to protect their interests.

Cohabitation in Georgia: A Legal Overview

Unlike many states, Georgia doesn’t legally recognize cohabitation in the same way as marriage—or, really, in any way. (Indeed, Georgia even got rid of common law marriage many years ago). This distinction can have significant implications, particularly when it comes to the distribution of assets and property upon the separation of an unmarried couple. In the absence of legal guidelines akin to those for divorce, many couples find themselves in uncertain territory when their relationship ends.

Legal Protections and Agreements

One way to mitigate these uncertainties is through cohabitation agreements. These agreements are similar to prenuptial agreements for married couples. They allow partners to clearly outline how they will handle financial matters, property division, and other responsibilities if the relationship dissolves, even when they are not married. Such agreements can include specifics like division of jointly acquired assets, responsibility for debts, and maintenance arrangements.

Challenges in Separation

In the absence of a marriage, Georgia courts typically view each party in a cohabitation arrangement as an individual entity without any real legal connection to the other party, especially regarding property and assets. This perspective means that unless there is clear evidence of joint ownership or investment in a property, it is likely to be awarded to the person who holds the title or clearly purchased the asset or acquired the debt. This situation often leaves the other party at a significant disadvantage, particularly in long-term relationships where assets and finances are deeply intertwined. A cohabitation agreement can help alleviate these issues.

Considerations for Children

When it comes to children born to cohabiting couples, things can be even more complicated, especially for fathers. Children born out of wedlock have no formal legal relationship with their biological father upon their birth—even when the father has signed the birth certificate and/or acknowledged paternity. To form that legal relationship, the father must undergo a legal process called legitimation, which involves filing an action in Superior Court. Once legitimation has been established, only then can the Court award the father with any form of custody, parenting time, or visitation, which are then established under a best interest standard. However, even without legitimation, a biological father can be ordered to pay child support. Indeed, Georgia law requires biological parents to provide for the upbringing of their children, regardless of legitimation status and even without a court order. See O.C.G.A. § 19-7-2.

Conclusion

As the landscape of relationships continues to evolve, understanding the legal implications of cohabitation becomes increasingly important. While cohabiting couples in Georgia do not enjoy the same legal protections as married couples, they can still take steps to safeguard their rights. Proper legal agreements and a clear understanding of Georgia’s legal stance on cohabitation can help ensure that both parties are treated fairly in the event of a separation.

If you are cohabitating or considering it, it's wise to consult with a legal professional to understand your rights and options. For personalized advice and legal assistance, do not hesitate to reach out to an attorney at Resurgens Legal Counsel, LLC, by booking a consultation through our website or calling us at (770) 765-7550.