What Rights Do Unmarried Couples Have Under Illinois Law?

 Posted on May 19, 2025 in Prenuptial and Postnuptial Agreements

Today, it is not uncommon for couples to live together without the intention of getting married, even in a serious, long-term relationship. These couples generally live like they are married, commingling their assets, having children, and purchasing property together. If you live with a partner, you may wonder what will happen to your finances and property if it does not work out. Legal contractual agreements, like a cohabitation agreement, are recognized in Illinois and can be used much like a prenup. Consider speaking with a Kane County, IL family law attorney about what you and your partner can do to protect your rights.

Does Illinois Have Common Law Marriage?

Some states afford couples most of the same rights as married couples if they have lived together for a while, have the ability and intent to marry, and present as a married couple despite not having a marriage license. However, the state of Illinois has not recognized common law marriage since 1905. 

The law states that a common law marriage established in a different state could be recognized, but it is not likely in most courts. Therefore, the safest way to ensure you and your partner have the same rights as a married couple in Illinois is to get legally married. If you prefer to live together without a legal marriage, you have other options. You can talk to a family law attorney about a cohabitation agreement.

What Is a Cohabitation Agreement in Illinois?

A cohabitation agreement is similar to a prenuptial agreement, except that a cohabitation agreement allows you to define the terms and establish rules for the aftermath of a breakup somewhat more freely. The primary concern is property division, but some key factors commonly addressed in these contracts include:

• Terms for sharing incomes and expenses

• Distribution of assets in the event of separation

• Management of shared bank accounts and credit cards

• Payment of debts

• Determination of health care coverage 

You may also address issues related to the allocation of parental responsibilities (child custody) if you have or plan to have children. However, court orders for child custody are based on what the court finds to be in your child’s best interests.

Can an Unmarried Partner Inherit Assets in Illinois?

If you are concerned about whether your partner will receive personal property, such as real estate or vehicles, after you pass away, you should execute a will that lists them as the beneficiary of those assets. In the absence of a will or estate plan, intestate laws would apply to the distribution of your assets, and they may not go where you would want them to go.

Schedule a Consultation With a Kane County, IL Cohabitation Agreement Attorney Today

At The Law Offices of Douglas B. Warlick & Associates, we offer a personalized experience. We will help you draft a cohabitation agreement that meets the state legal requirements and outlines your wishes in a way that makes you comfortable. These agreements have limitations, and an experienced Geneva, IL cohabitation agreement lawyer can help you understand what you can and cannot include in the contract. Call 630-232-9700 to schedule your initial meeting today.