Bowman urges changes to the law for people who cohabit

Couples in the United States are choosing to cohabit -- either before or instead of getting married -- more than ever before. The practice, which was once largely associated with particular demographics, has broadened to include nearly every segment of society; and it has even become the norm, rather than the exception, among contemporary adults.

But family law surrounding cohabiting couples fails to protect the people who are most vulnerable, said Cynthia Grant Bowman, the Dorothea S. Clarke Professor of Law; and the United States lags far behind most European countries in granting cohabitants some of the rights and responsibilities of married couples.

Bowman spoke at an April 6 event in Myron Taylor Hall celebrating the release of her new book, "Unmarried Couples, Law and Public Policy" (Oxford University Press).

The book is "a brilliant exploration of a very important topic," said New York University law professor Sylvia Law, one of three panelists who offered their praise -- and their own perspectives -- at the event.

In the book, Bowman advocates for a system in which couples who cohabit for two years, or who have a child, would be granted the rights and responsibilities of marriage -- with the opportunity to opt out of the system if they jointly chose to do so. To support her position, she cites demographic data showing the dramatic increase in cohabitation, analyzes the results of similar laws in other countries, and describes cases from her own law practice.

"Most impressive and memorable of all are the stories of vulnerable parties, most often women, who have been hurt by trusting in their partners in relationships that have not lasted," said Harvard Law School professor Martha Field. "I also applaud her solution because it really got me thinking."

The book raised a few questions as well. Sharon Sassler, Cornell associate professor of policy analysis and management, noted that even the most recent available research on cohabiting couples is almost a decade old. "Cohabitation is a moving target. It's changing rapidly," Sassler said. And surveys about cohabitation may be inconsistent because they define cohabitation in different ways.

In her response, Bowman said she hopes the book will initiate a dialogue.

"I hope it will have some impact on the law in the United States, but I have no illusions in this respect," she said. "In Canada, England, Australia, New Zealand [and] most European countries, cohabitation has provoked substantial study by official government commissions and much legal reform.

"But in the United States it has yet to appear on the political agenda. And so, I'm not sanguine about that happening really soon -- though I never will give up hope."

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Joe Schwartz