Contracts for intimate relationships

This paper analyzes the extent to which intimate relationships established by contract differ from, and are more egalitarian than, those established by traditional legal marriage. Three types of intimate contracts are examined: contracts between legally married spouses, contracts written as a prelude to legal marriage, and contracts written by unmarried cohabitors as an alternative to legal marriage. The paper addresses two major questions: (1) To what extent do the relationships established by contract differ from those established by legal marriage? (2) To what extent do these contracts support more egalitarian family forms? While considerable variation by type of relationship was found, with the cohabitors departing the most from the traditional legal model, even the married couples wrote contracts that were significantly different from the model imposed by law. They were much more likely to structure their relationship as a partnership rather than as a hierarchy, and to hold their income and property as community property. Further, they were more likely to share the responsibilities for both economic support and homemaking tasks (in contrast to the legal assignment of these duties on the basis of sex). Thus, when compared to the relationships established by law, the 50 intimate contracts in this sample seemed to support more egalitarian family forms.