Why might a court grant an equitable award to an unmarried cohabitant?

A court may grant an equitable award to an unmarried cohabitant primarily based on mutual contributions and agreements. In many jurisdictions, even in the absence of a formal marriage, courts recognize the economic and non-economic contributions made by one partner to the relationship. If both parties have jointly contributed to the acquisition of property or have entered into agreements regarding their financial arrangements, the court may determine that fairness and equity necessitate compensating the cohabitant who may have foregone opportunities or made sacrifices for the benefit of the relationship.

This approach aligns with the principles of equity, which aim to prevent unjust enrichment and ensure that parties who have contributed to a shared life or enterprise are not left at a disadvantage when the relationship ends. Courts assess factors such as shared financial responsibilities, support for one another's careers, care for children (if any), and overall contributions to the household.

The other options do not provide a complete basis for an equitable award. While having children together may influence a court's decision regarding custody and support, it does not automatically lead to an equitable award for property or financial matters. Similarly, marital property laws specifically apply to legally married couples and do not extend the same benefits to unmarried cohabitants. Lastly, the idea that an equitable award would be