What Is a Cohabitation Agreement and Do We Need One?
If you and your partner live together but are not married, you may not have any legal rights or protections in the event of a breakup or unexpected life event. A cohabitation agreement is a written contract that outlines how you want to handle shared property, finances, and other personal matters.
Why This Agreement Matters in Florida
In Florida, unmarried couples do not have automatic rights to each other’s property or support. Even if you have been living together for years, the law does not treat you as a married couple. If your name is not on a deed, a bank account, or a loan, you may have no legal claim to that asset. A cohabitation agreement gives both partners the chance to define their intentions before a dispute arises.
What You Can Include
A cohabitation agreement can address how you share living expenses, who pays for what, and how to divide joint purchases if you separate. You can also outline how you want to handle joint bank accounts, retirement savings, or real estate. If one of you owns a home that you both live in, the agreement can clarify whether the other person will have any interest in that property. You can also include terms related to support, such as agreeing to temporary financial help if the relationship ends.
While Florida law does not allow parents to permanently decide custody or child support in advance, you can include your shared understanding about how you plan to raise your children. A judge is not required to follow those terms, but they may take them into account if the arrangement has been working well over time.
Planning for the Future
You can also include what happens if you decide to marry later. Some couples choose to incorporate parts of their cohabitation agreement into a future prenuptial agreement. Others may agree to keep certain property separate even after marriage. A cohabitation agreement gives you the flexibility to address both current and future possibilities.
Helping You Prepare with Confidence
At the Law Offices of Robert J. Merlin, we help clients build strong cohabitation agreements that reflect their personal and financial goals. If you are living with a partner and want to protect yourself, we can help you identify what matters most. Contact us today at (305) 448-1555 to schedule a consultation and to learn more about cohabitation agreements and whether one may be right for you.
The Law Offices of Robert J. Merlin, P.A. are located at 250 Catalonia Avenue, Suite 706, Coral Gables, FL 33134.
Bob Merlin is a Florida Bar Board Certified Family Law Specialist, he practices in the areas of divorce, time-sharing of children and parenting plans, child support, alimony, paternity, pre-nuptial and post-nuptial agreements, and cohabitation/partnership agreements.
As an experienced Collaborative attorney, Bob continually hones his skills in the Collaborative Process and trains other professionals how to become a Collaborative professional as he is.
“My goal is to help divorcing and other family law clients make well-informed decisions so they experience a more efficient process and feel more in control over their futures.”
