Legal Question in Family Law in Illinois

Facts/History: heterosexual couple is worried about divorce/alimony laws, and does not want the government to have anything to do with our legal agreement declaring our intention for a lifetime commitment, but do want the same rights accorded to those who marry. We live in different states - Illinois & Pennsylvania. Will probably live in Pennsylvania once we figure this out.

Question: Is it possible to create a legal agreement that will give us the all of the rights that married couples are entitled to without having an actual government sponsored marriage. We are most concerned about health insurance, and the other major economic/social effects.


Asked on 10/31/09, 10:41 pm

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

You can always draw up a simple contract between the two of you with the intent that it will govern how the two of you conduct your relationship. Basically, the two of you will simply be living together (or apart as the case may be) but will be legally remarried. However, you cannot have access to each other's health insurrance, file tax returns together, or inherit from each other in the absence of a Will. Nor, can you make life or death decisions for each other without executing powers of attorney for health care. With such POA's, each of your family members could bar the other of you from visiting or having any contact during a medical crisis.

Yours is bad idea all the way around. You want to make a committment without making a committment, something which you cannot do.

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Answered on 11/05/09, 11:09 pm


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