Nonmarital relationships: Introduction

Abstract

In the United States today, adults live in a variety of nonmarital relationships and situations, ranging from committed partners who cohabit, to people who cohabit with differing levels of commitment, 1 to committed partners who live apart. 2 An increasing number are single or in families of choice with non-intimate partners, while some intimate partners are in relationships with multiple people at the same time. 3 The COVID-19 pandemic has affected all of these relationship forms differently. 4 The coming years will reveal the extent to which these impacts will alter the social and legal landscape around nonmarital relationships.These relationships have produced a range of responses in both existing law and law reform efforts. Meanwhile, scholars from various disciplines are studying nonmarital relationships, including polyamorous arrangements and other communities of choice. The Uniform Law Commission has developed a new proposal for uniformity in this area that addresses property rights and equitable claims, but not the many other legal rights and obligations that might accrue. 5 The Third Roundtable on Nonmarriage and the Law, held at Washington University School of Law in October of 2021, brought together-virtually-scholars who are researching nonmarriage in law, sociology, economics, and other related fields. Papers addressed topics including the following:• Economic rights of nonmarital partners, whether at separation or death;• Implications of legal regulation across different demographic categories, including race, gender, class, and sexual orientation;• The design of regulatory responses to families-of-choice;• The relationship between marriage and nonmarital statuses;• Constitutional issues relating to nonmarriage;• Nonmarriage, parenthood, childbearing, and childrearing;• The demography and sociology of nonmarital relationships, including the impact of the pandemic;