Legal Definitions - Meretricious

Meretricious

In family law, a meretricious relationship refers to a situation where two individuals live together in a committed, marriage-like way, but with a clear understanding and intention that they are not legally married and do not wish to be. This term describes a cohabitation arrangement that, despite its appearance, lacks the formal legal bonds and rights associated with a legal marriage.

Here are some examples to illustrate this concept:

• Example 1: Long-Term Unmarried Partnership

  Sarah and Mark have lived together for twenty years. They share a home, combine their finances, and raise two children together. Both have always been clear with each other, their families, and friends that they never intended to legally marry, preferring to maintain their relationship without formal legal ties. When they decide to separate, any legal claims regarding shared property or support would need to be addressed outside the framework of marital law, as their relationship was meretricious—a committed partnership without legal marital status.

• Example 2: Avoiding Remarriage for Financial Reasons

  After her divorce, Emily began living with David. They maintained a joint household, shared expenses, and presented themselves as a couple for fifteen years. However, Emily intentionally avoided remarrying to continue receiving alimony payments from her previous spouse, which would have ceased upon remarriage. David also understood and agreed to this arrangement. Their relationship, though long-term and committed, was meretricious because they deliberately chose not to enter into a legal marriage, primarily to preserve Emily's financial benefits.

• Example 3: Cohabitation in a Non-Common Law State

  Michael and Lisa moved in together in a state that does not recognize common law marriage. They lived together for ten years, pooling their resources, purchasing property jointly, and referring to each other as partners. Despite the outward appearance of a married couple, they never obtained a marriage license or had a formal ceremony. Because their state does not recognize common law marriage and they never legally married, their relationship is considered meretricious. If they separate, they would not have the same legal rights and obligations regarding property division or spousal support that legally married couples would, as their relationship lacked legal marital status.