Polyamorous & Non-Traditional Relationships & Separations

In recent years, the definition of family and relationships has evolved. As a result, polyamorous and non-traditional relationships have gained more visibility and recognition. If you are in such a relationship and facing separation, it is important to understand the legal framework that governs these situations.

Polyamorous Relationships

A polyamorous relationship involves consensual romantic or sexual relationships with more than one person at the same time, where all parties are aware of and agree to the arrangement. Unlike traditional monogamous relationships, polyamory allows for multiple partners who are involved with each other emotionally, physically, or both.

Key characteristics of polyamorous relationships include:

• Open communication: All parties involved are aware of each other's relationships.
• Consent: Everyone agrees to the terms and conditions of the relationship.
• Multiple partners: There can be various types of relationships with different individuals at the same time.

Polyamory is often misunderstood or confused with infidelity, but it differs because honesty and consent are key components.

Non-Traditional Relationships

A non-traditional relationship is any relationship that doesn't follow the traditional, commonly accepted norms such as monogamy or marriage between two individuals. These relationships may include:

• Same-sex relationships
• Open relationships
• Swinging
• Polyamory
• Living apart together (LAT) relationships

These relationships vary widely, but they all share a common feature: they do not follow conventional patterns or expectations of mainstream society.

Legal Recommendations for Polyamorous and Non-Traditional Relationships

New York law does not currently address polyamorous or non-traditional relationships in a comprehensive way. However, there are some important legal considerations for those in these relationships:

• Property rights: In polyamorous relationships, the division of property can be complicated, especially if more than two people share the assets. It is recommended that people in non-traditional relationships create legal agreements to clarify property ownership and financial responsibilities.
• Wills and estate planning: In a polyamorous relationship, it is important to specify in a will who will inherit your assets.  State law usually only recognizes spouses and biological children as legal heirs. A clearly written will can help avoid legal complications.
• Healthcare decisions: If you are in a polyamorous or non-traditional relationship, you will want to have designated healthcare proxies and power of attorney for decision-making. New York law does not automatically recognize non-spouse partners in the event of a medical emergency.
• Child custody: If children are involved, the legal relationship between the parents or guardians will determine custody and visitation rights. Non-traditional relationships may require additional legal documents to establish parental rights.

How Are Separations Handled?

When it comes to separations in polyamorous or non-traditional relationships, the legal process can be complicated, as there may be no clear "next of kin" or legal spouse. Here are some factors to consider during a separation:

Polyamorous Relationships:

• Property division: Like divorce, property division in polyamorous relationships may require agreements between the partners to determine who owns what.
• Custody of children: In cases where children are involved, custody and visitation will be handled according to the law, focusing on the best interests of the child. If a child is raised by multiple partners, custody agreements should be clearly defined.
• Emotional support: The emotional challenges of separating from multiple partners may require counseling or mediation to help manage the process.

Non-Traditional Relationships:

• Separation of assets: Whether it is an open marriage, same-sex partnership, or any other non-traditional relationship, asset division will depend on the specific legal arrangements made. Without legal documents such as cohabitation agreements or wills, the division of property may not be clear.
• Legal documentation: If the separation involves more than two people, you should have agreements that clarify who owns what and how shared responsibilities are handled.

How Vacca Family Law Group Can Help

If you are in a polyamorous or non-traditional relationship and facing separation or legal challenges, the attorneys at Vacca Family Law Group can help guide you through the process. Our team has experience with the challenges of non-traditional relationships and can help with:

• Drafting legal agreements to protect your rights
• Navigating the division of assets
• Child custody and guardianship matters
• Estate planning to ensure your wishes are honored

Let us help you protect your interests and achieve a fair resolution. Call us at (646) 798-4603 or contact us online  to schedule your free introductory call.