I think some of this is a side-effect of many people planning to never have children.
I think some of this is a side-effect of many people planning to never have children.
If you want a personal anecdote - I'm partnered, not married, we don't plan to have kids or marry, and worry pretty much 0 about retirement or having enough funds to pass on to another generation. We're just enjoying our lives for however long that may be.
For making healthcare decisions, durable power attorney and a medical proxy should be sufficient for unmarried couples. Not an attorney, talk to one if this is a need you have to validate your authority posture. The best time to have a plan is before you need it.
That's at least vastly overstated, and probably just false. I'm an American living in a major urban center and I don't think I know anybody for whom the decision to get married was influenced by legal considerations to any significant degree.
I enjoyed my wedding. We invited family with the goal to celebrate together and we made sure our guests enjoyed it.
I have seen plenty of our wedding pictures hanging on walls (from them in it, not us).
I also can't tell you how interesting it feels that we share now the same last name.
I think it's a nice progression for a relationship.
I think your Americans-vs-Europeans argument is greatly exaggerated if not outright false.
I have been married for 15 years though and I’m 50 and my wife is 49
I got engaged to my wife with the expectation of us getting married 6 months later. We pulled our marriage forward 6 months because I got laid off from my job and needed to get on her insurance. I had a contract literally the next week after getting laid off and could have paid for COBRA out of pocket. But it was her idea to go to the courthouse
Though very few of those cases we’re people who otherwise would not have gotten married, rather people who got a legal marriage very quickly to access health, benefits then took the normal amount of time for the ceremonial wedding
In the UK the main effect of marriage is that it protects the lower earning partner if the relationship breaks down - most often (even now!) this is a woman who gives up work/takes a break from work to bring up kids. I come across a good many single mothers (mostly online because of an FB group I admin) who would have been MUCH better off financially if they had been married, and a lot who are a lot better off because they were married.
Historically the main reason for legal marriage was to protect women from being left with kids by feckless men who evaded responsibility. Its a bit less pressing now we have paternity tests (and contraceptives) but its still a problem, and whoever gives up career for childcare still loses out without marriage.
I do not know where you live, and these laws vary between countries, but in the UK marriage gives you a lot of important legal rights. Not marring disadvantages a lower earning partner (most often a woman who has taken time off a career to look after kids) if the relationship breaks down, it does not give you the same legal rights if one dies with regard to inheritance (no real rights if there is no will, far less right to contest a will, and the loss of a significant inheritance tax exemption even if there is), or being automatically next of kin (I think this has improved in practice), no automatic joint parental responsibility for children, etc.
Should be isn't is. PoA aren't trivially recognized in the way a marriage is. If you have to interact with more than a couple of services you ought to expect friction.
A local medical provider might not be familiar with a PoA but that can be worked out. However, bureaucracies like insurance providers can be staffed with people whose trainings never mentioned PoA but did extensively cover HIPAA compliance (and penalties).
In caring for my spouse, there were times that I needed all of the above: spousehood + PoA + verbal auth from spouse.
source: legal assistant, probate
source: 25yr as caregiver for disabled spouse (+PoA)
We do not have tax breaks for being married here in the UK. There is one tiny advantage if one person does not have a taxable income, but is pretty small.
On the other hand I also (as I said in other comments) know women (and it is still almost entirely women) who have not got a fair deal financial because they were not married, but gave up work to look after the kids/be a home maker. That is just as unfair.
I saw medical proxy mentioned above. I ran into those routinely but they were always supplied by the service provider. When they showed up it was good news; it meant I would have full discretion with that provider.
A major motivating factor is that marriage can create myriad ruinous financial entanglements and eliminate most possibilities for recourse. Especially in affluent places like Seattle, people are often entering these relationships with a mature financial and business life. The loss of independence under law, both technically and in practice, in regard to these affairs in marriage has produced countless examples of bad outcomes for people, often forcing them to start over from zero in their 30s or 40s. It doesn’t matter if you divorce later, the damage is already done. By not getting married, they retain independence in these matters recognized by law which shields them from the downside scenarios.
These cases are mostly about retaining the ability to continue to run their businesses, investments, etc as they wish both in marriage and after. States in the western US are notoriously much less accommodating of protecting the interests of individuals in marriage than in some other parts of the country (purportedly due to the strong influence of Spanish legal customs in that region of North America). The forced loss of agency is not compatible with many requirements of competently living a modern life.
I probably know more women who were ruined by this in marriage than men. It has nothing to do with staying home or quitting a career to raise kids.
Also, health insurance. Another thing Americans have yet to learn from Europe. In the states, sometimes you have to get married just to get health insurance. It’s kind of ridiculous.
Also, health insurance. Another thing Americans have yet to learn from Europe. In the states, sometimes you have to get married just to get health insurance. It’s kind of ridiculous.
It isn’t talked about much but I’ve seen a couple startups destroyed by this and it is a not uncommon source of dead equity in cap tables.
Lawyer. Passport. Locksmith. Gun. (A Talk About Risk and Preparedness) [video] - https://news.ycombinator.com/item?id=33509164
(I hold POA and medical proxies for people who need someone they can trust to assert their medical decisions and wishes for them when they are unable to)
Marriage unlocks a wide range of legal and financial benefits: access to a spouse’s health insurance, favorable tax treatment (like joint filing and estate tax breaks), and legal protections such as hospital visitation rights, inheritance without a will, and immigration sponsorship. It also affects Social Security, parental rights, and eligibility for things like pensions and veterans’ benefits. I mean, if you get married, in the States stuff is just all worked out automatically.
In many other countries, marriage is not attached to these things.
Really? That’s what you’ve got?
I’ve seen examples of this in Silicon Valley going back to the 1990s. A prenup is not reliable and loads of people don’t have one in any case. Unlike not getting married, there is significant social pressure against prenups. If you actually care the path of least resistance is to not get married. It is quite difficult to get a prenup against the possibility that someone will prove to be irresponsible or malicious in the future in a context they’ve never experienced thus far.
It also doesn’t address the case that if you start a company while married, your spouse effectively has full license to destroy it even if they were completely uninvolved up until the point where they decide to destroy it. I’ve seen it happen, lots of collateral damage for both employees and investors. People will do it out of spite. How do you write a prenup about a company that doesn’t exist yet and may never exist?
Anything that can happen legally generally happens in practice. Average people even in tech don’t hire a team of lawyers when they decide to get married.
If you’ve chosen to get your information from talk radio and TikTok as you seem to suggest, well, that’s a choice.
I do not think this is the explains of the decline in marriage though. AFAIK marriage has declined across the west - other US states, and certainly in many European countries.
People marry expecting to cooperate so I find it hard to believe this is a common reason not to marry on any case. The idea behind community of property must have been that the expectation of a marriage is that it will endure for life and the spouses are committed to each others' best interests. That is how it is supposed to work!
I think (and everything points to it being the cause here in the UK) is that without the social pressure to marry in order to co-habit people think of marriage as just a ceremony (on which they spend ridiculous amounts) and a piece of paper. They do not realise the legal benefits of marriage. In fact, many people assume that if they co-habit long term and have kids the law must be fair enough to give them reasonable rights, and some even think we have common law marriage here. It leads to distressing results when relationships break down, or a partner dies (especially without a will, or when a will is contested).
Unfortunately, avoiding paper marriage is insufficient to avoid such intervention in the state of Washington (with its Committed Intimate Relationship doctrine) or states where a cohabitant may be legally entitled to "palimony".