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 New York, cohabitation agreements, also known as nonmarital agreements, are recognized and enforceable. These agreements are designed for couples who live together without being married, allowing them to outline the financial and property arrangements during their cohabitation and in the event the relationship ends. Such agreements can include terms for the payment of expenses, division of property, and even support. While New York does not have a statutory scheme specifically governing cohabitation agreements, these contracts are generally upheld if they are in writing, entered into by adults with legal capacity, and if the terms do not violate public policy or law. It is advisable for individuals entering into a cohabitation agreement to seek the assistance of an attorney to ensure that the agreement is properly drafted and enforceable.