Living Apart Together as a ‘Family Form’ Among Persons of Retirement Age: The Appropriate Family Law Response

Abstract

This article discusses the phenomenon of “living apart together,” or LAT, among persons of retirement age. LATs are committed couples who maintain separate residences. The article first explores the literature on sexuality and dating among older persons and then discusses social science research done, primarily outside of the U.S., about LAT among persons in older age groups. It then describes what was learned from the author’s own interviews of LATs over the age of 65 about their reasons for living apart, their manner of life, economic arrangements, and mutual caregiving. Based on this research, it reaches a number of conclusions about what the appropriate legal treatment of these couples should be.

Keywords: family; family law; older persons; living apart together; LAT