Agreements for unmarried couples living together, addressing property, shared expenses and financial expectations.
Why cohabitation agreements matter in Florida
Florida does not recognize common-law marriage entered into within the state, and has not since 1968; the marital rights and protections that follow from a legal marriage generally do not apply automatically to unmarried couples, regardless of how long they have lived together. A cohabitation agreement fills that gap by letting partners define their own arrangement in writing.
Without an agreement, questions about jointly used property, shared expenses, or contributions one partner made to the other's assets are resolved, if at all, through general contract or property principles rather than any family-law framework: often a far less predictable outcome.
What a cohabitation agreement can address
- Ownership and division of property acquired individually or jointly during the relationship.
- Responsibility for shared expenses, rent or mortgage payments and household costs.
- Treatment of a jointly purchased home, including contributions and what happens if the couple separates.
- Financial support, if any, one partner intends to provide the other during or after the relationship.
- Protection of premarital or pre-relationship assets, including a business interest, brought into the relationship.
Approached with the same care as a marital agreement
Although cohabitation agreements are governed by general contract principles rather than the specific statute that applies to premarital agreements, the firm approaches them with the same discipline: full disclosure between partners, independent review where appropriate and clear, unambiguous drafting to support enforceability if the agreement is ever relied upon.
When a relationship later leads to marriage
Couples who cohabitate and later decide to marry sometimes convert their understanding into a prenuptial agreement before the wedding, carrying forward terms from an earlier cohabitation agreement where appropriate, or replacing it entirely with a fresh agreement suited to the marriage.
Answers
Frequently asked questions
- Does living together for a long time create a common-law marriage in Florida?
- No. Florida abolished the creation of new common-law marriages within the state effective January 1, 1968 and continues not to recognize new ones formed there, regardless of the length of the relationship.
- What happens to property if an unmarried couple separates without an agreement?
- Without a cohabitation agreement, disputes over jointly used or jointly acquired property are generally resolved under ordinary contract, property and equity principles rather than family law, which can make outcomes less predictable than for married couples.
- Can a cohabitation agreement address a house we bought together?
- Yes. It can specify each partner's ownership share, how mortgage and expense contributions are treated and what happens to the property if the relationship ends, whether through a buyout, sale, or another mechanism.
- Is a cohabitation agreement legally the same as a prenuptial agreement?
- No. Prenuptial agreements are governed by Florida's specific premarital agreement statute and take effect upon marriage. Cohabitation agreements are contracts between unmarried partners governed by general contract principles, though they serve a similar planning purpose.
- Should each partner have their own lawyer?
- It is advisable for each partner to have independent counsel review the agreement, which supports both a fair negotiation process and the agreement's later enforceability if it is ever relied upon.
Official sources
Consult the official sources above for current rules and procedures.