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meretricious relationships
Washington
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Posted about 1 year ago in Marriage / Prenuptials
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I am engaged, with the understanding that it may, but as yet not definitely will, lead to marriage. We have known each other 1 year and became engaged after 4 months. We lived together for the first 3 months but have not cohabitated for the past 9 months and do not intend to do so again. I am about to take a job in a different city and he wants to follow me there although there will be few job opportunities for him there and he plans to study and start a business. Our finances are not co-mingled and neither supports the other financially. There is a significant financial difference between us. If we were to split up at some point, would we be considered to be in a meretricious relationship and property/debt be divided as such?
If yes, is there something I need to draw up to protect myself? Additionally, can a professional license be judged as community property in the above situation if the license was acquired within a year of the relationship beginning? - Is this your question? Add additional information Answers (1)
Thuong-Tri Nguyen
This attorney is licensed in Washington.
Posted about 1 year ago.
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A meretricious relationship is a "stable, marital-like relationship where both parties cohabit with knowledge that a lawful marriage between them does not exist." Five non-exclusive factors to analyze when a
meretricious relationship exists include: "continuous cohabitation, duration of the relationship, purpose of the relationship, pooling of resources and services for joint projects, and the intent of the parties." Whether a meretricious relationship exists depends on the facts of each case. If the information provided in your post is correct, your relationship does not appear to be a meretricious relationship right now. On the other hand, the other side often has completely different facts. The best thing you can do for yourself is to review your specific facts with an attorney. A professional license is not community property. The license belongs solely to the person who is granted the license. However, in a dissolution of marriage proceeding, the court has broad discretion in dividing assets and debts in a just and equitable manner. The court may consider the educational or career opportunities forgone by the supporting spouse in order to provide support and the future earning prospects of both spouses. A meretricious relationship is not marriage. While a dissolution of a meretricious relationship is treated in some ways similar to that of a dissolution of marriage, there are differences between the two types of proceedings. Next question: how is spousal maintenance determined under NH divorce laws Previous question: Is there a time limit to file a sexual harassment claim in PA? |
