Why Do People Choose Legal Marriage Despite High Divorce Rates?

Why Do People Choose Legal Marriage Despite High Divorce Rates?

Marriage, as a legal bond, offers numerous advantages that go beyond the scope of a common-law partnership or cohabitation. Despite the misconception that the divorce rate is always on the rise, data shows a different trajectory. This article explores why people opt for legal marriage despite these odds.

Legal Benefits of Marriage

One of the primary reasons people choose to get legally married is the health insurance benefits. As a spouse, you have the right to be covered under your partner's health plan, providing a safety net during medical emergencies or routine check-ups. Additionally, marital status grants you the authority to make medical and legal decisions on behalf of your spouse in case of incapacitation.

Another significant advantage is the inheritance rights. Upon the death of one partner, the other automatically inherits the estate, ensuring a legacy and financial security. In contrast, cohabitating partners would need to establish a formal agreement or will to ensure similar provisions, adding complexity and costs.

Marrying also provides tax advantages and other social benefits. As legally recognized spouses, you can file joint tax returns, which can significantly reduce tax burdens. You also gain access to numerous social benefits and subsidies that are not available to live-in partners.

Resultant Costs of Cohabitation

Contrary to the perception that living together is a cost-effective alternative to marriage, cohabitating doesn’t come without its downsides. In the event of a breakup, both parties must still divide jointly-owned assets, such as real estate, cars, and other properties. This process is often as complex and time-consuming as a divorce.

The division of responsibility for child custody and support also remains the same whether or not you are married. Both partners are legally bound to provide for their children, ensuring that separation does not disrupt their well-being.

Moreover, the process of divorce itself is surprisingly inexpensive. Filing fees for an uncontested divorce can be as low as under $300 in many states, depending on whether there are minor children involved. The true expense comes from the prolonged court battles over property division and child support, which can lead to prolonged and expensive legal disputes.

Rationale for Choosing Marriage Over Cohabitation

It is important to note that marriage should not be seen as a romantic mandate but rather as a practical choice. Each couple must decide if the legal and social protections provided by marriage are necessary to maintain their long-term relationship. The decision to marry or stay as just life partners depends on the unique circumstances and goals of the relationship.

The romanticization of marriage often leads to higher expectations and pressure, clouding the rational decision-making process. In reality, there is no direct connection between marriage and declarations of true love. The decision to marry should be based on the practical advantages it provides over cohabitation.

Declining Divorce Rates and Misconceptions

A common misconception is that the divorce rate is always on the rise. In fact, the US divorce rate has been on a slow decline for the past fifty years, similar to the decline in violent crime rates which have decreased by fifty percent over thirty years. This trend suggests a growing recognition of the legal and social benefits of marriage.

It is worth noting that one exception exists: couples over fifty years old are experiencing a high divorce rate. However, this may be due to a variety of factors, including financial stability, lifestyle changes, and practical considerations that come with later life stages.

In conclusion, despite the high divorce rates often perceived as a deterrent, legal marriage offers numerous benefits that make it a rational choice for many couples. Before deciding, couples should carefully consider the legal, social, and practical implications of both marriage and cohabitation. Marriage is indeed a pragmatic decision with tangible advantages, and couple should make an informed choice based on their unique circumstances.