The increase in open relationships in our society has been massive, to say the least. It seems that everywhere we turn, whether it is our favorite TV show, or a neighbor, we witness a growing trend towards acceptance of non-monogamy.
But that doesn’t mean that open relationships aren’t without remaining challenges, particularly on the legal front.
As is often the case, legal quandaries don’t resolve themselves as quickly as we’d like during social revolutions.
We’ll look over some of the more prominent legal challenges you may run into while in an open relationship and how you might deal with them.
Understanding the Legal Landscape
There are numerous intricacies when it comes to legal recognition for open relationships. And its complicated, to say the least.
Status Quo
It should come as no surprise that traditional legal systems generally recognize monogamous marriage as a primary, if not the sole, relationship structure. And that of course feeds down into the media and entertainment industries which further drive the culture’s perspective.
The point here is that marriage laws are designed for monogamous, traditional marriage and not with open relationships in mind. And thus, the creation of ongoing struggles for those who pursue open relationship unions.
Marriage Laws and Open Relationships
Without legal marriage, additional partners in an open relationship are often not entitled to the rights that are automatically granted to a spouse. This can include things such as an inheritance, insurance coverage, or the default right to make medical decisions for an unwell spouse.
Sound familiar? It should. These are notable legal issues plaguing the LGBTQ community.
Additionally, marriage as a legal contract protects partners in the event the relationship ends. Divorce proceedings attempt fairly to distribute goods, finances, and rights following the nullification.
For those in open relationships, unresolved disputes probably stay that way unless the two parties can figure it out themselves. And that’s a tall task when people become emotionally troubled due to a bad breakup.
Custody and Parenting Rights
This is one of the toughest challenges that open relationship couples can face. First, children may legally only have two parents. This can already complicate any legal proceedings seeking to challenge parental rights. These laws can affect things such as visitation rights as well even in cases where an open relationship partner was integral in the child’s upbringing.
Financial
Marriage defines pretty clear guidelines on joint finances and property ownership. In an open relationship, you’d need a private contract which may or may not be acknowledged by the courts.
Taxes
Tax laws are designed for married couples, particularly with what’s known as joint tax filings.
How Do Open Relationship Partners Resolve This?
First, it’s important to remember that open relationship acceptance has come a long ways. This isn’t a doom and gloom scenario. More and more people, which include judges and legal influencers, are opening up to open relationship statuses.
As education and awareness increases, so too will the legal system soften its viewpoint.
But there are things you can do to help increase your odds that legal woes won’t inhibit your ability to have, or even end, an open relationship.
It all comes down to proactive planning and a creative use of legal tools. And much of it falls in the same realm as traditional marriage.
Contact an Attorney: This is first and foremost. Ask others in your open relationship community for referrals. Review lawyers. Ask questions. Get and seek professional legal advice.
Draft Cohabitation Agreements: Similar to prenuptial agreements, these contracts can outline the financial arrangements between partners, property rights, and responsibilities, providing clarity and protection for all involved.
Create Wills and Trusts: This one should be obvious. To ensure that partners receive inheritance, it’s crucial to have a will or trust that specifies how assets should be distributed after death. Even in traditional marriage, a lack of a will or trust isn’t wise. So this really isn’t exclusive to an open relationship. You can find information and forms that are relevant to your location on Legal Zoom.
Designate Powers of Attorney: Assigning this power for finances and healthcare is imperative so that your end of life isn’t left with someone who doesn’t care about you. This is how your partner will have rights to make decisions on your behalf.
Use Advanced Healthcare Directives: This legal document defines a partners’ healthcare wishes and who should make these decisions. It’s a bit like powers of attorney, but specific to healthcare.
Explore Parental Rights Options: For partners who are co-parenting, look into options such as second parent adoption.
Conclusion
The open relationship movement has progressed a long ways. But the legal framework remains a bit stale. This means you need to educate yourself on your rights and be a bit proactive, particularly when pursuing longer-term relationships.