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 South Carolina, 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. Such agreements can include terms for the payment of expenses, division of chores, and the division of property and assets if the relationship ends. While South Carolina does not have a specific statute governing cohabitation agreements, these contracts are generally upheld if they are in writing, entered into voluntarily by both parties, and each party has had the opportunity to consult with an attorney. It is important for individuals entering into a cohabitation agreement to ensure that it is fair, fully discloses all assets, and does not violate public policy or statutory law. As with any legal agreement, it is advisable to have an attorney review the terms to ensure that it will be enforceable and that it adequately protects the rights of both parties.