What Is a Cohabitation Agreement, and How Is It Different from a Prenup?

As more couples choose to live together without getting married, the need for legal agreements that protect both parties has become increasingly important. At Meet Me in the Middle Mediation, we often work with couples to create cohabitation agreements and prenuptial agreements. While these two documents may seem similar, they serve distinct purposes based on your relationship and legal status.

What Is a Cohabitation Agreement?

A cohabitation agreement is a legally binding document that outlines the financial and property rights of partners who live together but are not married. This agreement is particularly useful for protecting assets, defining financial responsibilities, and ensuring a fair resolution if the relationship ends.

Key components of a cohabitation agreement may include:

• Ownership and division of shared property.

• Responsibility for household expenses.

• How assets acquired during the relationship will be divided.

• Provisions for debts incurred during the relationship.

Unlike marital agreements, a cohabitation agreement does not assume any legal obligations typically associated with marriage. Instead, it focuses on protecting each partner’s individual interests while recognizing their shared life together.

How Is a Cohabitation Agreement Different from a Prenuptial Agreement?

While both documents clarify financial responsibilities and asset division, the primary difference lies in the couple’s marital status. A prenuptial agreement, or prenup, is specifically designed for couples who are planning to get married. It sets terms for how assets, debts, and financial matters will be handled during the marriage and in the event of divorce.

Key distinctions:

• Purpose: A prenup is for married couples or those about to marry, while a cohabitation agreement is for unmarried couples.

• Legal Framework: Prenups operate under family law, while cohabitation agreements typically fall under contract law.

• Marriage Presumptions: Prenups account for the legal obligations of marriage (e.g., spousal support), whereas cohabitation agreements do not.

Who Needs a Cohabitation Agreement?

A cohabitation agreement is ideal for:

• Unmarried couples who share property or financial responsibilities.

• Couples who want to protect individual assets.

• Partners looking to avoid disputes over finances and property if the relationship ends.

Without a cohabitation agreement, state laws may not provide sufficient protections for unmarried partners, leaving one party vulnerable in the event of a breakup.

How Can Mediation Help?

At Meet Me in the Middle Mediation, we specialize in helping couples draft cohabitation agreements through a fair, balanced, and collaborative process. Our mediators work with you to address concerns, clarify expectations, and create an agreement that reflects your unique relationship.

If you’re unsure whether you need a cohabitation agreement or a prenuptial agreement, we can guide you through the process and help you make an informed decision. Our goal is to provide a thoughtful, stress-free experience that protects your interests and strengthens your partnership.

Contact us today to learn more about how mediation can help you draft a cohabitation agreement or prenup tailored to your needs!