Family Law & Divorce · Haute Lawyer Network
What Is a Cohabitation Agreement?
Last reviewed: June 2026
A cohabitation agreement — also called a living together agreement or domestic partnership agreement — is a written contract between unmarried partners that defines their financial rights and obligations during the relationship and upon its end.
Unlike married couples who have statutory rights upon divorce, unmarried partners have no automatic property division or support rights when they separate. Without a written agreement, assets acquired during the relationship may be disputed, shared property may be divided based solely on whose name is on the title, and neither partner has a legal right to support from the other.
Cohabitation agreements typically address property owned before the relationship, property acquired during the relationship and how title will be held, financial contributions to shared expenses, what happens to jointly owned property if the relationship ends, and each party's rights regarding debts.
Frequently Asked Questions
Is a cohabitation agreement legally enforceable?
Yes, in most states, as long as it is in writing, signed by both parties, and not unconscionable. Courts treat cohabitation agreements like other contracts.
Can a cohabitation agreement address custody of children?
Not meaningfully — courts determine child custody based on the best interests of the child at the time of the dispute, regardless of what parents agreed to in advance.
What is palimony?
Spousal support-type payments sought by an unmarried partner after separation. Some states recognize palimony claims; others do not. A cohabitation agreement can either establish or waive palimony rights.
Do we need separate attorneys to create a cohabitation agreement?
Having separate attorneys is strongly recommended to protect enforceability — each party should understand the agreement and have been independently advised of their rights.
Does a cohabitation agreement affect our rights if one partner dies?
The agreement can establish financial rights between partners, but estate planning — wills, beneficiary designations, powers of attorney — is essential to protect a surviving partner's inheritance rights since unmarried partners have no automatic inheritance rights under intestacy laws.
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