Why Should You Get a Cohabitation Agreement?

A recent study done by the American Academy of Matrimonial Attorneys shows that matrimonial lawyers are seeing increasing numbers of clients whom are choosing to cohabitate and combine assets without first getting married.

As a long-time family law attorney, I know that just as it can be beneficial for couples who are planning to marry to sign pre-nupital agreements beforehand, it can also be beneficial for couples who are planning to move in together to sign a cohabitation agreement.

Cohabitation agreements are legal documents that a couple draws up in order to protect both persons' assets and define expectations in case the relationship does end. For couples who are living together without the legal protections and procedures of marriage, cohabitation agreements can minimize the financial repercussions of a bad break-up.


One beneficial feature of a cohabitation agreement is that is can be written to suit each unique couple. Some common points that cohabitation agreements cover are:

• How will property be divided in the event of a break-up? How will the bills for that property be divided in the event of a break-up?
• Who will take the pet(s) in the event of a break-up? Will the person who does not get custody of the pets have visitation and/or access to the pet(s)?
• What will happen if the couple has a child?
• What will happen to items like furniture, cookware, and entertainment systems? Who pays for these items and what happens to them in the event of a break-up?
• Will the couple draw up wills that name each other as beneficiary?

If you are considering moving in with a partner, consider contacting a family or matrimonial lawyer to draw up a cohabitation agreement. Break-ups are difficult and setting expectations from the start can make the process smoother for everyone involved.

- Kevin P. McKernan