Cohabitation Agreements

Same-sex couples choosing to live together without marriage do so for all sorts of reasons. While some of these couples eventually marry, or enter into civil unions in other states, some do not. Although Massachusetts does not have “palimony” laws, break ups between cohabiting couples can be very messy, leading to protected and complex litigation.
Cohabiting same-sex couples may choose to make written agreements. These can address the day-to-day duties of their living together. In addition, cohabitation agreements can determine what happens if they break up.

If a cohabiting same-sex couple marries, the cohabitation agreement may no longer be valid or enforceable. A prenuptial agreement will be necessary if they wish to vary the terms of Massachusetts laws pertaining to marriage. A family mediator is in an excellent position to help the couple formulate a cohabitation agreement, and in the case of later marriage, a prenuptial agreement, if that is what the couple wants.

If you are considering mediation services, and would like to speak with a MCFM mediator, search our database for marital mediators specializing in Cohabitation Agreements within the Commonwealth of Massachusetts.

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