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 Massachusetts, cohabitation agreements, also known as nonmarital agreements, are recognized and enforceable. These agreements allow couples who live together without being married to outline their financial arrangements, responsibilities, and the division of property. The agreements can cover various aspects such as payment of expenses, household duties, and the division of assets and debts upon separation. Massachusetts courts generally uphold these agreements as long as they are fair, entered into voluntarily by both parties, and each party has had the opportunity to consult with an attorney. It is important for individuals in a cohabitation relationship to create a clear and detailed agreement to avoid potential legal disputes should the relationship end. As with any legal agreement, it is advisable for each party to seek independent legal advice from an attorney to ensure that their rights and interests are adequately protected.