This document contains general comments on drafting a cohabitation agreement for couples living together without the benefit of matrimony. It also includes a cohabitation agreement and numerous clauses that may be included in the agreement, such as residency, financial support, out-of-wedlock child, and responsibility for housing costs.
Florida Cohabitation Agreements
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US-APP1D
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FAQ
Unmarried couples still have very limited legal rights in Florida. The exception concerns unmarried couples and their children; the law provides many protections in that area. The property rights of married spouses are codified in law, and they may also be specified in other documents such as prenuptial agreements.
In some instances, the cohabitation period can be as little as three years or as long as seven years. It varies by jurisdiction. Florida has no such requirement. Today, only a handful of states still allow common law marriages to take place.
A Florida law that banned unmarried couples from living together dating back to post-Civil War Reconstruction is no more. Gov. Rick Scott signed SB 498 which repealed a law that made it a misdemeanor if any man and woman, not being married to each other, lewdly and lasciviously associate and cohabit together.
Cohabitation is used primarily to denote the arrangement between two individuals who live together, either as spouses or unmarried partners.
What is Cohabitation? Under Florida law, cohabitation is defined as the existence of a supportive relationship between a former spouse and a new partner. Simply living with another person is not enough to be considered cohabitating.
Under Florida law, cohabitation is defined as the existence of a supportive relationship between a former spouse and a new partner. Simply living with another person is not enough to be considered cohabitating.
Unmarried couples still have very limited legal rights in Florida. The exception concerns unmarried couples and their children; the law provides many protections in that area. The property rights of married spouses are codified in law, and they may also be specified in other documents such as prenuptial agreements.
Florida law recognizes that unmarried cohabitants may agree to enter into an enforceable contract that establishes rights and responsibilities towards each other: as long as it is clear there is valid, lawful consideration separate and apart from any express or implied agreement regarding sexual relations.
In order to prove your ex is cohabiting with a new partner in order to have your support obligation terminated or reduced under Florida law, you must prove your ex is in a supportive relationship. This begins with proving the person is cohabiting with a person to whom they are not related.
Also referred to as domestic partnership agreement, a cohabitation agreement in Florida is a legally binding document founded on contract law that establishes financial stability before a couple decides to move in together and combine their life and assets.
