Committed couples may decide to forego the formality of marriage or entering into a civil union and instead opt to cohabit. According to the Pew Research Center, marriage rates have declined in recent years. Now, more people live together with a romantic partner without being married. However, when unmarried couples break up after living together, it can be challenging to sort out how their property is divided.
Cohabitation agreements can help outline rights in the event of a breakup. An experienced attorney can explain the role of these agreements, review any proposed agreement, and help you enforce such an agreement.
Limited Rights of Unmarried Partners
Despite the commonality of couples living together, courts have historically been reluctant to step in and make things fair following romantic breakups. While there is a structure for divorce cases to divide property and resolve other legal matters, the same is not always true of breakups involving unmarried couples.
Unmarried couples do not have the same rights that apply automatically to married spouses. Property division rules are not the same for these two groups. While New Jersey courts will equitably divide property between spouses in the event of a divorce, they might not do the same for cohabiting but unmarried couples. In the second group, property may be considered co-owned or separate depending on how it was titled, but this would not dictate the division of assets in a divorce.
Additionally, spousal support or “palimony” doesn’t generally exist for cohabiting couples. This support can help couples with different income levels but is not usually available when there is no marriage. There are no articulated rules about how to divide property for unmarried couples, leaving much up to chance in the event of a breakup.
What Are Cohabitation Agreements?
As you can see from above, if an unmarried couple breaks up, there may be significant effects that might not otherwise occur in case of a divorce. Cohabitation agreements can help outline the rights and responsibilities of each partner, providing certainty and clarity. These contracts can be enforced by a court if one of the partners refuses to comply with the terms they previously agreed to.
Cohabitation agreements may include various information, including:
- How mutual bills will be divided
- Who is responsible for household expenses
- How property the couple acquires during the relationship will be classified (separate or joint)
- How property should be divided in the event of a breakup
- Who will have the right to continue to reside in a shared residence after a breakup
- Whether one partner will be obligated to financially support the relationship
These agreements should be written according to the couple’s particular situation, interests, and preferences.
How Are Cohabitation Agreements Enforced in New Jersey?
Cohabitation agreements are binding contracts. Each partner is responsible for fulfilling the terms of the contract. If someone breaches the contract, the other can sue to have a court enforce it.
However, the defendant could raise arguments, such as:
- The agreement wasn’t in writing.
- They did not voluntarily enter into the contract.
- The other partner unduly pressured them into signing the agreement.
- The contract is unfair and leaves them in a much worse financial position.
- The other partner did not provide a full disclosure of their income, assets, and liabilities to them.
A court will not enforce a cohabitation agreement entered into that relied on false information or some form of deception.
An experienced lawyer can review your cohabitation agreement and explain how the law applies in your particular case.
Contact an Experienced Monmouth County Family Attorney at The Law Office of Jennifer J. McCaskill, LLC for More Information on Cohabitation Agreements
If you are interested in obtaining a cohabitation agreement, an experienced lawyer from the Law Office of Jennifer J. McCaskill, LLC can explain the law and how a cohabitation agreement can protect your rights.
To learn more and get the help you deserve, call our divorce & family law firm in Red Bank. NJ at (732) 747-1882 or contact us online today.
You can also visit our law firm at 157 Broad St #111, Red Bank, NJ 07701.
