What is a Cohabitation Agreement? Here’s What You Need to Include

Living together without marriage is increasingly common, but it can raise serious legal and financial questions. A cohabitation agreement offers clarity and protection for couples sharing a home and life in Florida.

If you’ve ever wondered what a cohabitation agreement is, it’s a written plan that defines rights, responsibilities, and assets. This simple legal step helps partners establish clear expectations, safeguard their finances, and avoid disputes if the relationship changes in the future.  

What Is a Cohabitation Agreement?

A cohabitation agreement is a legal contract between two unmarried partners who live together. It defines each person’s rights and responsibilities regarding property ownership and division, financial contributions and shared expenses, and personal obligations such as debt or support.

Its purpose is to create fairness, clarity, and protection if the relationship ends or a partner passes away. Since cohabitation in Florida does not provide marital rights, this agreement serves as a safeguard, similar to a prenuptial agreement, but designed specifically for couples who are not married.

Legal Framework in Florida

Under Florida law, adults can enter private contracts outlining financial and property arrangements, as long as the agreement isn’t based solely on the couple’s romantic relationship. A cohabitation agreement can be written or oral, but written contracts are far more reliable and easier to enforce. Courts require valid consideration, something of value exchanged, and clear, specific terms that both parties understand. 

A cohabitation agreement example might state how to divide property or handle joint bills after separation. If no written contract exists, courts may impose a constructive trust to prevent unfair enrichment. At Sasso Guerrero & Henderlite, we recommend consulting a Florida family law attorney to ensure your agreement is enforceable and fair to both partners.

What does a cohabitation agreement need to include?

A strong cohabitation agreement should address every aspect of shared life clearly and fairly.

1. Property Ownership and Division 

This section defines how property and assets are owned, shared, and divided if the relationship ends. It ensures both partners know what belongs to whom and prevents confusion or disputes later on.

2. Financial Responsibilities

This outlines how partners share living expenses, rent, and debts. Clear expectations reduce tension and protect both parties from financial strain if one partner leaves.

3. Support and Debt Allocation

While Florida doesn’t recognize “palimony,” partners may voluntarily agree to financial support or debt repayment terms after separation.

4. Health, Death, and Emergency Decisions

This specifies who can make medical or financial decisions if a partner becomes incapacitated or passes away.

5. Dispute Resolution and Updates

Finally, it includes terms for handling disagreements and reviewing or updating the agreement as life circumstances change.

Benefits of a Cohabitation Agreement

A cohabitation agreement offers both emotional reassurance and practical protection. It clearly defines each partner’s rights, responsibilities, and financial expectations, helping to prevent misunderstandings before they start. By protecting personal assets and avoiding disputes that mirror divorce proceedings, couples can focus on building their relationship with confidence.

This agreement also strengthens trust and transparency, fostering open communication about money and property. It creates a solid foundation for future legal steps such as estate planning or paternity arrangements. Most importantly, it provides long-term peace of mind and financial security, ensuring that both partners feel protected no matter what the future holds.

How to Create a Legally Enforceable Agreement

Creating a cohabitation agreement in Florida is straightforward when done carefully and professionally. Begin by consulting a family law attorney to ensure the document meets state requirements and protects both parties. Next, disclose all assets and debts, transparency builds trust and prevents future conflicts. Use a cohabitation agreement template as a starting point but tailor it to your unique relationship and financial goals.

Once finalized, review and sign the agreement with witnesses to strengthen its enforceability. Revisit the document regularly to reflect changes in income, property, or family circumstances.

The average cohabitation agreement cost in Florida typically starts around $500 and can rise depending on complexity, customization, and legal review. It’s an affordable step for long-term financial clarity and peace of mind.

Risks of Not Having an Agreement

Without a written cohabitation agreement, partners face serious financial and emotional risks. If the relationship ends, one partner could lose access to shared property or be held responsible for joint debts with no legal protection.

Unlike married couples, Florida courts can’t divide assets or award support based on fairness alone. This leaves one person potentially vulnerable or financially strained.

A clear, written cohabitation contract prevents misunderstandings, reduces conflict, and ensures both partners are treated fairly if life takes an unexpected turn.

Get Help Drafting a Florida Cohabitation Agreement

If you and your partner are living together without being married, a Florida cohabitation agreement can help protect your rights and prevent future disputes. The experienced family law attorneys at Sasso Guerrero & Henderlite in Jacksonville, FL, can guide you through drafting a customized, legally sound agreement that fits your situation.

Click the button below to contact our team and schedule a confidential consultation today!

FAQs

Is a cohabitation agreement legally binding in Florida?

Yes. A cohabitation agreement is enforceable when it’s properly drafted, signed, and supported by valid consideration. This means both parties must give something of value in return.

Can an oral cohabitation agreement be enforced?

Yes, but written agreements are far easier to prove in court. A signed document clearly outlines each partner’s rights and obligations.

Can a cohabitation agreement include child custody or support?

No. Florida law does not allow couples to decide custody or child support terms in advance.

Is it the same as a prenuptial agreement?

No. A prenuptial agreement applies to married couples, while cohabitation agreements protect unmarried partners.

Do I need a lawyer to create one?

Yes. Working with a family law attorney ensures your agreement meets Florida’s legal standards and remains fair, valid, and enforceable.