Polyamory is a form of ethical non-monogamy that allows for multiple romantic partners (as opposed to platonic friendships and/or non-intimate sexual partners). Polyamorous people can be single, committed to one or more persons, or legally married to one person while romantically involved with other people. For those who cannot wrap their head around this concept, keep in mind that the key word here is ethical. Polyamory is not about cheating and it is not about sex. It is a relationship operating system that allows for multiple intimate/romantic relationships that are not hidden from other partners.
In our monogamy-normative world, a legal framework of rights protecting non-married intimate partners simply does not exist. Every State has a variation of anti-bigamy laws that prevent multiple marriages. As our culture changes towards a more accepting view of non-traditional intimate relationships, legal changes will likely occur as well, and that change is apt to be as contentious and long-in-coming as other struggles for civil rights have historically been in the US.
What can we do now to protect the rights of unmarried partners in committed intimate relationships? Issues such as tax benefits, medical insurance, and property rights?
One possible solution I have run across time and time again on poly websites, chat rooms and message boards is the idea of the “family business.” Although there are lots of variations in how this solution is to be implemented, the main idea is the same: If we incorporate the household as a business, everyone will have an equitable share of the property and income that the house generates (and presumably the household as corporate entity can ensure that legal benefits reserved for marriage could be accessed by all).
Could this work? Possibly. Some of the tax and property ownership benefits could materialize through this method. Insurance too, maybe. So what is the issue?
In order to incorporate the household, the household would need to be engaged in actual commercial activity with the goal of making a profit. A commercial enterprise. Manufacturing, creating, selling, offering a service to people outside of the household. Household chores, child rearing, and other “domestic tasks” are not commercial activity. Whether they should be classified as such is a different discussion.
What many proponents of the “incorporated household solution” seem to imply, or even state outright, is that incorporating is simply a matter of paperwork. As long as members of the poly household dump all of their outside-generated income into a corporate pot to be divided and given to the shareholders everyone should be protected. The problem? Without legitimate business activity engaged in by the corporation that generates a real and reliable revenue stream that actually financially supports the household, the “corporation” is a fraud. (Selling a few carrots or cakes of soap on Sunday afternoons at the Farmer’s Market is not good enough)
A household business could be a solution provided it is legitimate. But the reality is that most folks considering this option are engaged in outside employment, or are homemakers. Although no perfect solution exists, poly households looking to implement equity for non-married partners should look at other frameworks such as estate planning, real property transfer or purchase, adult adoption, and the same old household resource pot. It’s not perfect, but it is also not fraudulent in the eyes of the law.
