More couples are choosing to live together without getting married—but that choice comes with legal consequences. Rhode Island does not recognize common law marriage, so unmarried partners don’t enjoy the same rights as spouses. This makes understanding legal protections for unmarried couples critical for preserving property rights, parenting plans, and financial security.
Rhode Island Does Not Recognize Common Law Marriage
Some states allow couples to be treated as legally married after living together for a period of time—but Rhode Island does not. Unless you’re officially married through a civil or religious ceremony, you are considered unmarried under the law, even if you’ve shared a home and finances for decades.
Risks Faced by Unmarried Couples
Unmarried couples face serious legal vulnerabilities:
- No automatic inheritance rights
- No spousal health care or medical decision authority
- No shared ownership of property without formal documentation
- No right to spousal support after a breakup
- Uncertainty around custody if one parent is not legally recognized
These issues can lead to painful and expensive disputes without proactive legal planning.
Key Legal Protections Unmarried Couples Should Consider
1. Cohabitation Agreements
A cohabitation agreement outlines financial responsibilities, property rights, and plans in case of a breakup. This document can include:
- How expenses and assets are shared
- What happens to jointly purchased property
- How debts are divided
- Terms for resolving disputes
Think of it as a prenup for unmarried couples.
2. Wills and Estate Plans
Without a will, your partner will not inherit your estate automatically. An estate plan ensures:
- Your partner receives specific assets
- Children are provided for
- Medical and financial powers of attorney are legally recognized
Explore Probate and Estate Planning
3. Property Ownership Agreements
If you buy a house together, make sure the deed accurately reflects ownership shares and survivorship rights. This helps avoid disputes if one partner dies or the relationship ends.
4. Child Custody and Parenting Plans
If you share children but are not married:
- Both parents should establish legal custody
- A parenting plan can formalize custody, visitation, and decision-making
- Support agreements should be documented
What Happens If an Unmarried Couple Breaks Up?
Without legal agreements in place, breakups can lead to:
- Disputes over shared assets and property
- Difficulty dividing real estate or investments
- Loss of financial stability for one partner
- Limited legal recourse
Taking preventive legal steps protects both partners and minimizes risk.
Related Reading
Understand other legal aspects of relationships and planning:
Final Thoughts
Unmarried couples in Rhode Island must take proactive steps to protect their legal and financial interests. Without the automatic protections that marriage provides, your relationship—and your future—depends on proper planning. Whether you’re moving in together or already share a life, legal protections for unmarried couples are essential.
Need help securing your legal rights as an unmarried couple?
Contact McCormick Law Offices for help with cohabitation agreements, estate planning, and family law matters.