By the Family Law Team at Boyer Law Firm, P.L. Reviewed by Francis M. Boyer, Managing Attorney · Licensed in Florida · Serving Jacksonville, Orlando, and Miami · Updated June 3, 2026
Summary: A cohabitation agreement is a written contract for two people who live together but aren’t married. In Florida, it sets out who owns the home, how you split money and debt, and what happens if you separate or one partner dies. It gives unmarried couples the protections that state law does not provide on its own.
Key Takeaways:
- No common-law marriage: Florida stopped recognizing common-law marriage decades ago, so years of living together create no automatic legal rights.
- Property follows the title: Without an agreement, each partner generally keeps only what sits in their own name.
- Inheritance gap: If your partner dies without a will, an unmarried partner can inherit nothing under Florida law.
- Written is safer: Some cohabitation agreements can be oral, but the kind most couples want should be in writing, and a signed agreement is far easier to prove.
- Custody stays out: The agreement can cover property and support, yet it cannot decide child custody or child support in advance.
You’ve shared a home for years. The mortgage leaves a joint account every month, yet the deed carries one name. Somewhere along the way, you assumed that time together gave you legal standing. It doesn’t.
Roughly 7% of U.S. adults now live with an unmarried partner, according to the U.S. Census Bureau. About 8% of the household population lives in a cohabiting-couple home. Florida has plenty of those households, and most of them have no written plan for what happens if the relationship ends or one partner dies.
That gap is the whole reason a cohabitation agreement for unmarried couples exists. It lets you and your partner set your own terms while you still agree on them, instead of leaving the result to a court that treats you as legal strangers.
What Is a Cohabitation Agreement for Unmarried Couples?
A cohabitation agreement is a written contract between two people who live together without being married. It sets out who owns what, how you handle bills and debt, and whether either of you provides support. It also covers what happens to shared property if you separate or one of you dies.
Think of it as the unmarried version of the planning that marriage does on autopilot. Marriage hands a couple a default set of property and inheritance rules. Living together hands you none of them. The agreement fills that space with terms you choose together, in plain language, before any dispute exists.
Why Florida Law Leaves Unmarried Couples Unprotected
Florida does not recognize common-law marriage. The state ended it for any relationship that began after January 1, 1968. No stretch of living together turns into a marriage in the eyes of the law. Twelve years under one roof count the same as twelve months.
In our practice, we see couples genuinely thrown by this. They assume the law rewards commitment measured in years. It rewards documentation. Without a marriage license or a written agreement, Florida treats each partner as a separate person. Property tends to follow whoever’s name is on the title or the account.
What You Stand to Lose Without an Agreement
Two moments expose the risk most clearly: a breakup and a death.
Picture the breakup first. You covered most of the mortgage for years, but the house is in your partner’s name. When married couples divorce, Florida law divides marital property between them. That framework doesn’t reach unmarried partners. The title controls, and you could walk away with nothing to show for those payments.
Now the harder one. If your partner dies without a will, Florida’s rules for who inherits an estate send everything to a spouse or blood relatives. An unmarried partner sits nowhere on that list. The home and your footing can vanish within days, on top of the grief.
| Right or protection | Married | Unmarried, no agreement | Unmarried, with an agreement |
| Property is split if you separate | Divided under Florida law | Title controls; no automatic split | Split on the terms you set |
| Financial support after a split | May be ordered | None | Possible, if you agreed to it |
| Automatic inheritance | Yes, as a spouse | None without a will | Backed up alongside a will |
| Medical decisions if incapacitated | Generally yes | Not automatic | Named in your agreement and directives |
A cohabitation agreement rewrites that middle column. Every protection you don’t get by default becomes something you can put in writing instead.
What to Include in Your Cohabitation Agreement
A strong cohabitation agreement for unmarried couples covers the everyday money questions and the worst-case ones. Five areas carry the most weight.
1. Property and the Home
State who owns what now, how the home and its equity are handled, and what happens to anything you buy together. If one of you contributes more toward the mortgage, the agreement can protect that investment instead of letting the deed decide.
2. Money, Bills, and Debt
Spell out how you split rent, utilities, and joint expenses, plus how each partner’s debts are treated. Clear terms keep one person from getting stuck with bills that were never theirs.
3. Financial Support After a Split
Florida won’t impose support between unmarried partners. If you want either person to provide help after a separation, the agreement is the only place that the promise becomes enforceable.
4. Healthcare and End-of-Life Decisions
Name someone who can make medical or financial choices if a partner becomes incapacitated. Pair this with a healthcare directive and a will, since the agreement works best as part of a wider plan.
5. How Disputes Get Resolved
Add a clause for mediation or arbitration, and a process to review the terms as life shifts. Building in updates keeps the agreement accurate after a raise, a move, or a new child.
Cohabitation Agreement vs. Prenuptial Agreement
The two tools look alike but trigger at different moments. A prenuptial agreement only takes effect once you marry.
| Cohabitation agreement | Prenuptial agreement | |
| Who it’s for | Unmarried couples living together | Couples planning to marry |
| When it takes effect | On signing | On the date you marry |
| Covers property and debt | Yes | Yes |
| Can decide on child custody | No | No |
If marriage isn’t on the table, a prenup does nothing for you. The cohabitation route provides the actual protection you need.
Written vs. Oral: Making Your Agreement Enforceable
Some simple cohabitation promises may be made orally, but relying on a spoken agreement is risky. In Florida, an agreement usually needs to be in writing if it involves real estate, a lease longer than one year, or promises that cannot be completed within one year.
That matters because many cohabitation agreements cover more than monthly bills. They may address home ownership, buyout rights, long-term support, shared property, debt, estate-related promises, or what happens if one partner moves out. Those terms are much harder to enforce if nothing is signed.
A written agreement also avoids the biggest problem with oral promises: proof. If the relationship ends, the dispute often becomes one person’s memory against the other’s. A clear, signed agreement gives the court actual terms to review.
To make the agreement stronger:
- Both partners should fully disclose their finances.
- Both partners should sign voluntarily.
- Each person should understand what they are giving and receiving under the agreement.
- Each partner should have the opportunity to consult a separate attorney.
Instead, the contract should be based on lawful terms such as:
- Financial contributions
- Property rights
- Household responsibilities
- Debt allocation
- Support obligations
- Shared expenses
Protecting Unmarried Couples in Jacksonville, Orlando, and Miami
A fight over a cohabitation contract is a civil matter, not a divorce. In the Jacksonville area, that case would land in the Fourth Judicial Circuit Court in Duval County, not a family-law division. The same split holds in Orlando’s Ninth Circuit and Miami-Dade’s Eleventh Circuit.
From our Jacksonville office on Baymeadows Road, Boyer Law Firm drafts cohabitation agreements for unmarried couples across all three metros. In our experience, the couples who avoid courtroom fights are the ones who put their terms in writing early, while the relationship is steady. Both people can think clearly when the stakes are still hypothetical.
Talk to a Florida Cohabitation Agreement Attorney
You’ve shared a home, a budget, and years of plans. You can’t rewrite Florida law, but you can write your own terms before you ever need them. A well-drafted cohabitation agreement for unmarried couples does that on your schedule, not a court’s.
Boyer Law Firm helps unmarried couples in Jacksonville, Orlando, and Miami put clear, enforceable agreements in place, with full financial disclosure and separate review built in. Reach out to schedule a consultation and protect what you’ve built together.
FAQs About Cohabitation Agreements for Unmarried Couples
Is a cohabitation agreement for unmarried couples legally binding in Florida?
Yes. It’s enforceable when it’s in writing, signed, and supported by lawful consideration: something of value beyond the relationship itself. Courts treat it as a private contract, so the clearer and fairer the terms, the harder it is to challenge down the road.
Can a cohabitation contract decide child custody or child support?
No. Florida courts settle custody and support based on the child’s best interests at the time of separation. Your agreement can map out how you share everyday expenses, but a judge, not a contract, decides custody.
How much does a cohabitation contract cost in Florida?
Costs track with complexity. A straightforward agreement often starts around a few hundred dollars, while one involving real estate, a business, or detailed estate planning runs higher. Either way, the fee is small next to litigating a breakup with nothing in writing.
What’s the difference between a cohabitation agreement and a domestic partnership?
A domestic partnership is a registration some Florida cities and counties offer, giving limited rights like hospital visitation. A cohabitation agreement is a private contract over property and finances. Many couples use both, since each closes a different gap.
What happens to our property if we break up and aren’t married?
Without an agreement, each partner generally keeps what’s titled in their name, and shared property can spark a costly dispute. Florida’s divorce property rules don’t reach unmarried couples, so a written agreement is what gives you a clear, enforceable split.
