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 Hawaii, cohabitation agreements, also known as nonmarital agreements, are recognized and enforceable. These agreements are designed for couples who live together without being married and want to outline the financial and property arrangements during and after their relationship. The agreements can cover a variety of issues, including the payment of expenses, division of household chores, and the ownership and division of property upon separation. While Hawaii does not have a specific statute governing cohabitation agreements, the state's courts will generally enforce them as long as they are in writing, entered into voluntarily by both parties, and the terms do not violate public policy or law. It is advisable for individuals entering into such agreements to seek the guidance of an attorney to ensure that their rights and interests are adequately protected and that the agreement is legally sound.