Chapter 4 Flashcards
(47 cards)
non-marital cohabitation (historic pov to today’s pov)
- historically, marriage would be next step (cohabiting without getting married meant that you had undesireable traits - you couldn’t commit)
- cohabitation has moved from being viewed as a deviant form of union formation to the preferred social norm that precedes marriage
rise in cohabitation
- in the 60’s and 70’s, cohabitation before marriage was rare (10%), in the 90’s it was more common (55%)
- in Canada, 12% of unions were non-marital (except Quebec - 30%)
historical context causing change from marriage to cohabitation
- labour markets (women are now in the workforce and don’t need to marry for economic stability)
- educational norms
- secularization of society (religions push marriage, so if our society becomes less religious, marriage is pushed less)
- feminist movement, availability of birth control, sexual revolution, and reduced stigma of single parenthood
- rapid rise in divorce rate (1/3 of couples divorce)
necessity of marriage historically
- marriage happened out of economic necessity rather than being based on attraction
- women relied on men to protect and provide for them and their children
- men relied on women for childcare and meal prep
- children were economic assets who provided additional labour for household needs
- industrial revolution broke this economic dependency
technological context for sexual freedom
- tech increases freedom and autonomy from parental monitoring, making courtship and sexual exploration easier
- in 1920, the car; in 2010, the cell phone
Canadian cohabitation context
- cohabitation highly influenced by context
- Canada is a multicultural bilingual country with a tolerance for diverse ethnic traditions
- cohabitation is much more socially acceptable in Quebec (and amongst Aboriginal groups) and as a result more prevalent than in other parts of Canada
- the longer the cohabitation lasts, the more likely children will be present
3 main results of cohabitation studies
- the more cohabitation is accompanied by fertility, the more it will resemble and compete with marriage as a preferred form of family formation
- cohabitation before marriage still has higher rates of relationship breakups (but this is starting to change)
- normativeness of cohabitation affects a variety of family transition events such as fertility, stability, and formation patterns
why do cohabitors tend to break up?
- each partner has different ideas about what the cohabitation means
- the couple may be less religious and therefore can easily get divorced
- because cohabitation is like a marriage trial, partners may have doubts about whether each other would be good spouses
- takes away from excitement of being married -> you’ve already had “the newlywed experience”
diffusion’s role in cohabitation
- you’ll have early adopters and late adopters, with the general population fitting in between those 2 extremes
- as cohabitation becomes more common, distinctions between those who cohabit before marriage and those who don’t will diminish
international rates of cohabitation
- Fairly common in some parts of Europe
- Rare in Eastern Europe, Asia, North Africa, South Asia, and the Philippines
- Common in Latin America (ie. Brazil) and poorer central American countries (ie. Carribean, Haiti, Jamaica) - due to poverty, it makes sense to live together and pool resources
international cohabitation legislations
- different countries have different legislation regarding cohabitation
- almost all nations have REGISTERED PARTNERSHIP LEGISLATION -> provides marriage equivalent status and protection (though not always available for same-sex couples)
- cohabitation benefits (ie. health insurance) vary across nations
- definition of cohabitation varies
common-law marriages
- couples who are in a marriage-like relationship, but without the ceremony
- not synonymous with cohabitation
what constitutes official cohabitation
- ongoing sexual relations
- duration of cohabitation
- holding of a joint living address
legal tools for asset protection and estate planning for cohabitors
- cohabitation agreements
- domestic partnership agreements
- power of attorney
- living wills
- health permission release forms
- without these, assets won’t automatically go to surviving partner (may go to parents, siblings, etc.)
cohabitation agreements
- define limitations and boundaries of responsibility should the union dissolve
- often not recognized since they attempt to circumvent laws that protect distinctiveness of marriage (ie. DOMA)
domestic partnerships
- provides marriage-equivalent status and protections
- have more legal recognition, but aren’t universal and aren’t always available to same-sex couples
power of attorney
if something happens to you, your partner can decide what to do with your finances, assets, etc.
living wills
your end of life requests
health permission release forms
gives your partner permission to pull you off of life support or not, allow you to have treatment or not, etc.
proactive strategies for child custody
- second parent adoption
- co-guardianship
- cohabitation agreement
second-parent adoption
- adopting your step-children so that even if you and your partner break up, you still have custody
- limited to only a few states, and can only happen if their other biological parent is dead or has abandoned the kids
co-guardianship
keeps all responsibilities of a legal parent (ex. Medical issues of child)
reactive strategy for child custody
third-party visitation rights - long shot because it requires proof that legal parent is unfit
5 criteria for assigning child custody
- couple has resided together for significant period of time
- parental relationship has been established between the child and the individual with no parental rights
- parties have ended relationship
- no traditional second legal parent
- parent without parental rights has been alienated from child