"Single Mother" Doesn't Always Mean Living Alone

December 09, 2010

The U.S. Census Bureau recently reported that among the 1.5 million unmarried women who gave birth from June 2007 and June 2008, 28 percent were living with a cohabitating partner. Unmarried mothers included those who were separated and those married with an absent spouse.

First Time the Census Bureau has Asked About Cohabitation

Author of the report, demographer Jane Dye, said, "The report shows that many unmarried new moms are not raising their child alone. This is actually the first time the Census Bureau has reported on births to women in cohabitational relationships. One of the report's data sources, the Current Population Survey, recently added a direct question on cohabitation in order to measure this population."

The birth rate for unmarried women continued to climb during the last 10 years. The report indicates that "one contributing factor is that many people are choosing to live together either as a trial marriage or as a precursor for marriage--even after the birth of a child--and postpone marriage until they are more financially secure."

To estimate this population, the June 2008 Current Population Survey (CPS) used a direct question about cohabitation that was first added to the CPS in January 2007. Of the 4 million women 15 to 44 years old who had a birth in the last year, 1.5 million (38 percent) were to women who were not married, who were separated, or married but with an absent spouse. Of those 1.5 million mothers, 425,000 (28 percent) were living with a cohabiting partner.

As the report suggests, many appear to wait until they are financially secure before marrying, and it is expected many of these mother will marry and assume a more traditional family structure. Research has found a relationship between educational level and the likelihood of marriage, which can influence the living arrangements of mothers at the time of their child's birth.

Legal Implications for Cohabiting Mothers

While a cohabiting couple with a child may appear to look like an "average family," a mother living with a partner is in a potentially more precarious situation than if she were part of a married couple. Should her partner leave, and he was the father of the child, she would need to prove paternity in order to receive child support. Paternity is presumptive when the woman is married to the father.

While this is the first hard data the Census Bureau has obtained, it appears, at least anecdotally, that the trend is probably going to continue, as the stigma against out-of-wedlock birth lessens and the tendency to cohabitate before marriage becomes more established.

Given the less well-defined legal circumstance for a cohabiting mother, there may be more problems that with a traditional marriage arrangement. If you have questions about your particular situation, an experienced family law attorney can help you examine the facts and work with you to determine if you need specific legal products.

Article provided by Jennings and Jennings
Visit us at www.jenningsandjennings.com