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 Maine, 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 property rights during and after their relationship. Such agreements can include terms for payment of expenses, division of household chores, and the division of property and assets if the relationship ends. While Maine law does not specifically address cohabitation agreements, they are generally upheld by courts as long as they are in writing, entered into voluntarily by both parties, and not unconscionable. It is advisable for each party to have their own attorney review the agreement to ensure that it is fair and that both parties understand their rights and obligations.