Why a Cohabitation Agreement is a Good Idea for Unmarried, Long-Term Partners

There are many long-term partners in Florida who never actually get married. In some ways, not being married makes a separation (if one ever happens) more straightforward. There is not a formal legal process to dissolve the relationship. However, there are other ways in which separation can actually be more challenging for long-term unmarried couples. With marriage, rights can be unclear. A well-drafted cohabitation agreement can help to solve this potential problem. Here, our Boca Raton family lawyer explains that a cohabitation agreement can be a great option for unmarried, long-term partners in Florida.

You Can Use an Agreement to Clarify Ownership Rights

Who owns what? Do you each have your own personal property? What if you buy something together, such as expensive furniture or a vehicle. What if you share pets? For unmarried, long-term couples, Florida law does not automatically provide rules for dividing property if they split. A cohabitation agreement can help. It can be used to clearly spell out who owns what and how shared property should be handled in the event of separation. Obviously, a separation is not desirable (nor anticipated) for long-term couples. Still, it is a risk and a proper agreement can make it easier.

You Can Use an Agreement to Define Financial Responsibility During the Relationship

Unmarried couples often share living expenses such as rent, mortgage payments, and utility bills. Without clear guidelines, disagreements can arise over who should pay what. A cohabitation agreement allows couples to outline their financial responsibilities in advance. Among other things, this could include splitting expenses equally, dividing them based on income, or assigning specific obligations to each partner. Defining financial expectations formally is desirable for some couples. 

You Can Use an Agreement to Create Terms for Support (If Desired) 

Unlike divorce, unmarried partners in Florida have no right to seek or receive spousal support if the relationship ends. A cohabitation agreement can address this gap by outlining whether one partner will provide financial assistance to the other after separation, and if so, under what terms. It may be an option that is important for certain couples if one partner has sacrificed career opportunities, taken on caregiving duties, or otherwise contributed to the relationship in non-financial ways.

Limitation: Cannot Use Agreement for Custody, Visitation, or Child Support

Unmarried parents in Florida should know that you cannot use a cohabitation agreement to pre-agree on terms for child custody, child visitation, and/or child support. A cohabitation agreement cannot override the rights and responsibilities parents have toward their children. Matters involving custody, visitation, and child support are always decided based on the best interests of the child, not the terms of a private contract. Even if parents try to address these issues in an agreement, the court will not enforce those provisions. 

Call Our Boca Raton Family Lawyer Today for Help With a Cohabitation Agreement

At Williams & Varsegi, LLC, our Boca Raton family law attorney has the professional experience that you can rely on. If you have any questions about cohabitation agreements, we can help. Contact our family law firm today for a fully confidential consultation. We handle family law matters in Broward County and throughout the region in South Florida.