Cohabitation agreements (also known as nonmarital agreements) are similar to prenuptial agreements for couples who are planning to marry—but cohabitation agreements are for people who are living together and having a sexual relationship without being married. These agreements address issues that may arise during the relationship (payment of rent and other expenses, household chores)—and issues that may arise if the cohabitation relationship ends (ownership and division of home or other property, support).

In Alabama, cohabitation agreements, while not specifically governed by a distinct set of statutes as prenuptial agreements are, can still be legally binding contracts between adults who choose to live together without getting married. These agreements can outline the financial and property rights of each party during the cohabitation and in the event the relationship ends. The enforceability of such agreements is subject to general contract law principles, meaning the agreement must be entered into voluntarily by both parties, with full disclosure and without duress or undue influence. It should be in writing and signed by both parties. While Alabama does not recognize common law marriage entered into after January 1, 2017, a cohabitation agreement can still provide a measure of legal protection for non-marital partners. However, issues like support obligations may not be enforceable in the same way as they are for married couples, as Alabama does not recognize palimony. It is advisable for individuals entering into a cohabitation agreement to consult with an attorney to ensure that their rights and interests are adequately protected.