A. (§29.1) Scope of Chapter
Divorce in the United States has become increasingly common. In a parallel development, the number of unmarried cohabitants is rising. More people have chosen to share resources and living arrangements without assuming the legal obligations or benefits of marriage, including the rights:
to hold property as tenants by the entirety;
of inheritance;
to support and maintenance;
to various governmental benefits;
to special tax treatment; and
to statutory property distribution upon death or divorce.
The reasons for the change in lifestyle may range from avoiding the permanent commitment of marriage to the fear of the loss of pension, welfare, or tax benefits that would result from marriage.
With increasing frequency, the courts are being asked to determine the benefits and obligations between unmarried cohabitants. In at least one state, resolution of these claims has been the subject of specific legislation. Minn. Stat. § 513.076 (Westlaw through June 30, 2012).
In 2004, Missouri passed its constitutional amendment, stating that a marriage shall exist only between a man and a woman. Mo. Const. art. I, § 33. Nevertheless, cohabiting parties (whether of the same gender or opposite genders) can rely on many of the legal theories discussed in this chapter to protect their property and ownership interests.
Despite Missouri’s regulation of marriage, Missouri has independently recognized that parties may cohabit. See:
· Section 210.822.1(2), RSMo 2000 (a man is the natural father of a child if the marriage is declared invalid and the child is born within 300 days after the termination of cohabitation)
· Section 210.841.6(10), RSMo 2000 (child support should include the standard of living of the family before divorce or during the parents’ cohabitation)
· Section 210.845, RSMo 2000 (the court can look at contributions from a parent’s cohabiting partner in modifying child support obligations)
· Section 452.370.1, RSMo 2000 (same as § 210.845)
· Section 454.500.3, RSMo Supp. 2011 (same as § 210.845)
· Section 474.140, RSMo Supp. 2011 (if a spouse has been outside the home for at least one year or lives with another, “such spouse is forever barred from his or her inheritance rights, homestead allowance, exempt property or any statutory allowances from the estate of his or her spouse unless such spouse is voluntarily reconciled to him or her and resumes cohabitation with him or her”)
· Form 14 guidelines for calculating child support (imputation of income is allowed if a parent is underemployed or unemployed because of a financial contribution from a person with whom the person cohabits)
Nevertheless, Missouri has made cohabitation a crime under some circumstances. Under § 568.010.1(2), RSMo 2000, an unmarried person commits the crime of bigamy if that person “[c]ohabits in this state after a bigamous marriage in...
