New York Cohabitation Agreements: What Issues Can be Covered?

New York law permits express Cohabitation Agreements for both heterosexual unmarried couples and same sex couples.

Unmarried couples, or same sex couples who still are refused marital benefits under New York law, need Cohabitation Agreements more than married couples need pre-nuptial or post-nuptial agreements.

Unmarried couples, whether of the same or opposite sex, have no rights to lean on during the relationship, at the end of the relationship or upon death of one partner.  Married couples are afforded far more rights by default just by the fact that they’re married.

The types of issues that can be dealt with in Cohabitation Agreements are:

1. Distribution of property upon breakup of the relationship
2. Obligation to contribute to the support of the household or, upon dissolution of the relationship, to pay financial support (which is known as maintenance or alimony in the marital context)
3. Payment of debts – each partner’s responsibilities
4. Disposition of the residence upon breakup of the relationship
5. Support, custody, or visitation rights for minor children (although nonbinding)
6. Surviving party’s right to inherit property and receive pension benefits, life insurance, and other benefits
7. Health insurance coverage
8. Right to serve as guardian/conservator in the event of incapacitation
9. Right to make medical decisions (like conferred by a Health Care Proxy Document)
10. Lifestyle provisions
11. Definition of “termination of relationship”
12. Method for resolving disputes, such as arbitration or mediation

Your Cohabitation Agreement can deal with one or all of the above types of issues.

If you would like to speak to one of our New York Cohabitation Agreement lawyers, please call (866) 830-2064 to schedule your free initial phone consultation today.