Living together without marriage leaves major financial and property issues exposed if the relationship changes. A Florida cohabitation agreement sets clear rules before there is a problem, which saves time and stress later. At Kofsky Law, we help unmarried partners put their plans in writing, whether the situation is simple or high-stakes. Led by Martin Kofsky, our team provides focused guidance and strong advocacy that aligns with your goals and keeps your future in mind.
What a Florida Cohabitation Agreement Does
A cohabitation agreement is a written contract between two unmarried adults who share a home. It spells out rights and duties, from who owns the home to who pays certain bills. When drafted correctly, Florida courts will enforce it.
The agreement can outline property ownership, debt, and how to handle support during the relationship or after a breakup. Florida law does not give unmarried couples the same automatic rights that married couples receive, which leaves gaps unless you fill them with a contract. Putting the plan on paper helps prevent confusion and costly fights.
Common topics covered in a cohabitation agreement include the following areas, and we guide you through each one with care.
- Ownership of real estate, vehicles, and personal property brought into the relationship.
- How to title and divide assets acquired while living together.
- Responsibility for rent or mortgage, utilities, repairs, and large household purchases.
- Support during the relationship and after separation, if any, consistent with Florida law.
- What happens if one partner becomes ill, passes away, or cannot manage finances?
Clear terms reduce risk. With help from Kofsky Law, you can protect what you built and avoid surprises.
How Kofsky Law Protects Your Interests
We combine practical planning with precise legal drafting, which is critical for high-net-worth couples, business owners, and partners facing real financial risk. Our team handles the hard cases, including situations with layered assets and prior relationships. You get a plan that fits your life, not a one-size-fits-all.
Clarity in Asset Division
We help you list what each of you owned before moving in together, so there is no debate later. Then we outline how to treat property acquired during the relationship, whether titled jointly or separately. That way, you both know where you stand if you sell, separate, or refinance.
Financial Responsibilities
Money conversations can turn tense, and a written plan keeps things steady. We lay out who pays which monthly bills, how to split repairs, and how to handle big-ticket items. The agreement can also set support terms during the relationship and after a split, provided they are allowed by Florida law.
Examples of routine and non-routine costs we often address include the items below.
- Rent or mortgage, property taxes, and insurance.
- Utilities, internet, streaming, and similar services.
- Repairs, renovations, appliances, and furniture purchases.
- Pet care fees, parking, storage, and HOA assessments.
Well-drafted payment terms reduce resentment, late fees, and finger-pointing.
Future Planning
We talk through what happens if one partner becomes incapacitated or passes away, including powers of attorney and who can make health care choices. If you want inheritance rights, we coordinate with wills, trusts, and beneficiary designations. For children, we include basic expectations and decision-making, while keeping in mind that a court must apply the best interests standard if a dispute arises.
Why You Need a Cohabitation Agreement
Married couples receive default protections under Florida law. Unmarried partners do not get those same automatic rights, which can lead to unfair outcomes. A cohabitation agreement fills the gap with clear rules similar to a prenup.
Below is a simple comparison of the legal defaults. This helps explain why a written agreement is so valuable for unmarried partners.
| Area | Married Default | Unmarried Without Agreement |
| Property Division | Equitable distribution rules in divorce apply. | Ownership follows title or contract; there are no divorce rules. |
| Support | Possible spousal support under statute. | No support unless agreed in a valid contract. |
| Inheritance | Spouse has statutory rights if there is no will. | No automatic inheritance without a will or beneficiary form. |
| Health Care Decisions | Spouse is often the default decision-maker. | A partner usually has no standing without documents. |
| Home Rights | Special homestead protections may apply. | Rights depend on title and contract, not marital status. |
A solid agreement gives you a legal framework that both of you accept. It also reduces the chance of messy court fights and protects privacy through clear exit terms.
Kofsky Law’s Comprehensive Approach to Cohabitation Agreements
We start with a clear picture of your assets, debts, income, and goals, now and in the future. That level of detail matters for couples with real estate, retirement accounts, stock options, or a closely held company. Our work is steady and thorough, geared to avoid problems later.
Here is how we usually move the process along from start to finish.
- Initial consult to learn your goals, pressure points, and timeline.
- Asset and liability review, including titles, valuations, and debt obligations.
- Draft terms addressing property, support, expenses, and dispute resolution.
- Coordination with estate planning and insurance designations when needed.
- Final review, revisions, and signing with proper formalities.
We also manage high-conflict dynamics with steady counsel. If emotions run hot, we keep the discussion focused and productive, while protecting your position at every step.
Elements of an Enforceable Cohabitation Agreement
Florida courts look for valid consideration beyond the relationship itself, such as mutual promises about property or financial duties. Clear, plain terms help a judge read and enforce the agreement. We avoid vague language and build a record that shows both parties understood the deal.
To build a strong agreement, we focus on the practical points below and ensure your terms comply with Florida law on contracts, health care decisions, and inheritance planning.
- Specific property schedules with titles, balances, and account identifiers where appropriate.
- Support language that aligns with Florida public policy.
- Rules for future purchases, including title, contributions, and buyout rights.
- Dispute resolution options, such as mediation before any court filing.
- Separate documents for powers of attorney, HIPAA releases, and wills if needed.
The result is a document that reads clearly and holds up under pressure.
Common Questions About Cohabitation Agreements
You are not alone if you have questions about how these agreements work. Here are short answers to issues we hear most often from Florida couples. We are happy to discuss the details of your situation and walk through options.
Is a cohabitation agreement legally binding in Florida?
Yes, a properly drafted and signed cohabitation agreement is enforceable in Florida. The contract must include lawful consideration and be clear on rights and duties. Talking with a knowledgeable attorney helps you avoid mistakes that could lead to challenges later.
Can a cohabitation agreement address child custody or support?
The agreement cannot bind the parties to child custody or child support. Florida courts decide those issues under the best interests standard and guidelines. We can still include parenting expectations and decision-making ideas, then handle custody and support in the correct forum if needed.
What happens if we decide to get married?
Once you marry, your cohabitation agreement generally stops applying. Many couples convert parts of their agreement into a prenuptial agreement that aligns with their new plans. Our firm can prepare that prenup so it aligns with your updated goals and financial picture.
Contact Kofsky Law Today
If you want clear ground rules that protect your future, we are ready to help. Feel free to call 561-407-0703 to schedule a free consultation or reach us through our website. We welcome your questions and will provide steady guidance in both simple and high-stakes situations. A well-drafted agreement now prevents expensive, necessary disputes later.
