Cohabitation Agreements

A cohabitation agreement is similar to a marriage contract, but applies to couples who live together without getting married.

A cohabitation agreement can address issues like ownership and division of property, and support. It can also specify which person will move out of the home if the relationship ends.

There are certain things you cannot do in a cohabitation agreement. For example, you cannot include arrangements for custody and access, because decisions about children’s care must always be made based on what’s in the child’s best interests at the applicable time. For that reason, they cannot be made in advance.

If you sign a cohabitation agreement and then get married, your cohabitation agreement turns into a marriage contract. If you and your spouse want to change its terms, you must sign an amending agreement.