Once a couple marries, there are certain protections and rights bestowed upon each spouse under the law. These rights include the right to property division in the event of divorce, the right to maintain medical insurance benefits through his/her spouse, and the right to alimony in the event of a divorce.
However, with the divorce rate close to 60% today, there are many people in committed relationships who choose not to get married. In these situations, the couple is not given the same protections and rights as a married couple. When the relationship is going well, this may not be important to a couple, but as the relationship begins to deteriorate, having these same rights and protections can be very important.
One way unmarried couples can guarantee themselves similar rights and protections afforded to married couples is through a Cohabitation Agreement. Like a Prenuptial Agreement, a cohabitation agreement affords certain rights and responsibilities to each person during the relationship, such as who will pay what living expenses, and who will retain the house or apartment (or any other assets) in the event of a breakup. Having such an agreement can avoid legal headaches if the couple breaks up. Such legal headaches can include a Petition to Partition Real Estate, if the couple owns real estate together and no longer want to be co-owners of that home. Other legal headaches can include if a couple has any joint debt, such as credit cards.
Although Cohabitation Agreements have a foundation in contract law, and not Family Law, and as such cannot be enforced in the Probate and Family Court, they can be especially important to protect each person in the relationship in the event of a breakup. A Cohabitation Agreement can almost be more important that a Prenuptial Agreement or Postnuptial Agreement, since the law does not provide protections and benefits for unmarried couples. By contracting to have these projections and rights, a couple is giving themselves some certainty in the event of a breakup.
If a couple is considering entering into a Cohabitation Agreement, they should both consult a knowledgeable Family Law attorney who can assist them in drafting an agreement that will be enforceable under the law.
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