Unmarried Cohabitating Couples Should Consider a Last Will and Testament

Irene C. Olszewski, Esq. — Mon, 12 Dec 2011 23:36:34 +0000

There a as many reasons for committed couples not to marry as there are in favor of marriage — and those reasons are completely personal. Some couple report that they don’t believe that ‘a piece of paper’ makes their relationship any more valid than it already is to them. Others have said that they forgo marriage because they have already been burned with a nasty divorce and would rather just live together. Still others opt not to marry because it would compromise their state and federal entitlements. No matter the reason, there are still ways to protect each other.

I receive calls all the time from one person who explains that his or her long-time companion has passed away and now the deceased’s family wants him or her out of the house. ‘Is there anything I can do?’ they ask.

‘Did the deceased leave a Will?” The answer is always ‘no.’

Absent a Will, you are a legal stranger to the person with whom you’ve just shared the best years of your life. I’m sorry to break the news to you but it just happens to be true.

Let’s say that Mary and John have been committed to each other for 23 years. They have lived together in the house owned solely by Mary for the entire time. Mary does not wish to give or sell an interest in her house to John and thus his name does not appear on the deed to the house. Mary has no children. She does have 3 sisters. Mary dies unexpectedly. She does not leave a Will. When all is said and done, Mary’s sisters inherit the house and John is forced to move out. John argues that he always contributed toward the mortgage and bills. Mary always intended for him to live in the house until his death. It’s his home. Sorry John.

Mary and John could have avoided this nightmare had Mary taken the time to consult with a lawyer about drafting a Last Will and Testament (Will). If what John said is true about it being Mary’s intent that he reside in their shared home until his death, the lawyer may have advised Mary that she could direct in her Will that John be given a Life Use in her home until his death. After John’s death, the house would go to her sisters in equal shares. Problem solved. John stays in the house and Mary’s sisters will inherit the house, albeit at a later date.

Your lawyer works out such details every day. A detailed consultation in which you express your needs and desires to your attorney can save your loved ones agony and disappointment after your death.

The above hypothetical is not at all uncommon. In similar cases, items of personal property (such as automobiles and furniture) also come into play. Again, a candid discussion with your lawyer can avoid costly mistakes when it counts most.

To download our free brochure Common Questions Regarding Wills in the State of Connecticut, visit the Legal Guides page of this blog.

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Does Cohabitation of Ex-SPouse Terminate Alimony?

Irene C. Olszewski, Esq. — Thu, 05 Nov 2009 05:06:29 +0000

In a divorce, one party may be obligated to pay alimony to the other. Divorce agreements may state that alimony terminates on the death of either party or the remarriage of the party receiving the alimony.

If the party receiving alimony chooses to cohabitate with another person without entering into marriage, does the alimony obligation automatically terminate? No.

However, the legislature passed Connecticut General Statute 46b-86b which states that, “[i]n an action for divorce, dissolution of marriage, legal separation or annulment brought by a husband or wife, in which a final judgment has been entered providing for the payment of periodic alimony by one party to the other, the Superior Court may, in its discretion and upon notice and hearing, modify such judgment and suspend, reduce or terminate the payment of periodic alimony upon a showing that the party receiving the periodic alimony is living with another person under circumstances which the court finds should result in the modification, suspension, reduction or termination of alimony because the living arrangements cause such a change of circumstances as to alter the financial needs of that party.”

In other words, the party paying alimony may file a motion to modify the amount of alimony paid — and a judge has the discretion to suspend, reduce or terminate the payment of that alimony.

Attorney O's Midnight Musings: Connecticut Law » Cohabitation

Unmarried Cohabitating Couples Should Consider a Last Will and Testament

Does Cohabitation of Ex-SPouse Terminate Alimony?