What Is a Cohabitation Agreement and Do I Need One?

 Posted on August 12, 2024 in Family Law

Marriage is a major life-changing step, both personally and legally. Couples who are married cannot simply "break up" and part ways. Instead, married couples who want to break off their relationship must file for divorce. That triggers a complex legal process that can be invasive and unpleasant.

For those reasons and others, a growing number of couples are choosing to live together rather than get married, an arrangement that the law calls "cohabitation." Illinois recognizes cohabitation as a legal relationship in which two unmarried people live together intimately. Research shows that a larger share of Americans have cohabited than those who have been married.

If two people live together intimately without being married, it is advisable to sign a cohabitation agreement as soon as possible. This article will discuss what a cohabitation agreement is and how to have one drafted by an Illinois family law attorney.

What Is a Cohabitation Agreement?

It is common when two people live together for their property and assets to commingle, or mix together. When the union is terminated, it can be challenging to divide the property fairly. A cohabitation agreement is a document that details how assets will be divided between the partners if the relationship ends.

While some states see cohabitation as common-law marriage, the State of Illinois does not completely accept cohabitation as a bona fide civil union. Therefore, unlike in a marriage, there is no marital property to distribute between the parties. Cohabiting partners are not automatically entitled to a share of each other’s assets. If there is a dispute about how to divide assets in the event of a split, the couple will likely need to settle it between themselves. This is much simpler to do if there is a cohabitation agreement.

What Are the Common Reasons for Cohabitation?

There are various reasons why couples choose to cohabit rather than get married:

• They do not want the permanence of marriage.
• They see it as a "test drive" for marriage, and cohabitation is just the first step.
• They see living together as a way to save on living expenses.
• They choose not to get married because one or both of the partners is not financially ready.
• They do not believe in marriage.
• They do not want to have to go through the painstaking process of divorce if the relationship ends.

Contact a DuPage County, IL Family Lawyer

Many couples choose cohabitation because they feel it is the best thing for their relationships. If a cohabiting couple decides to split up, however, they are left without legal protection when it comes to dividing up money, assets, and property. Protect yourself with a strong cohabitation agreement drafted by Anderson Attorneys, P.C.. From cohabitation to marriage and divorce, we are ready to fulfill your legal needs across the gamut of family law. Call 847-850-8899 to schedule a free consultation with an experienced Cook County, IL cohabitation attorney today.