Cohabitation Agreement vs Marriage Contract in Orlando: What’s Right for You?
Moving in with a partner in a new Lake Nona home or finalizing wedding plans in Winter Park brings plenty of excitement. But in Florida, the legal difference between living together and being married is massive. If you don't have the right written agreement in place, state statutes dictate exactly what happens to your money and property if the relationship ends.
What Is a Cohabitation Agreement in Florida?
A cohabitation agreement is a legal contract between unmarried couples living together that outlines financial responsibilities and asset division. Florida does not recognize "common law marriage," so without this document, you have zero legal rights to your partner's property or support if you break up, even after 20 years together. This contract protects you by defining who owns what before disputes arise.
In our 24 years of experience, we often see unmarried couples assume that buying a house together affords them similar protections to married spouses. That’s simply not true. Under family law, an unmarried partner has no automatic right to stay in a shared home if their name isn't on the deed, nor do they have rights to alimony.
A cohabitation agreement typically covers:
- How shared expenses (mortgage, utilities, groceries) are paid.
- Distribution of assets acquired during the relationship.
- Ownership of pets.
- Dispute resolution methods if the relationship ends.
What Is a Marriage Contract (Prenuptial Agreement)?
A prenuptial agreement, or "prenup," is a contract signed by a couple before marriage that determines how assets and debts will be divided in the event of divorce or death. Florida’s Uniform Premarital Agreement Act (Statute 61.079) governs these contracts. They supersede standard state divorce laws, giving you control over your financial future rather than leaving it up to a judge.
Prenups are specific to couples with a marriage license. While unromantic to some, they are practical tools for financial clarity. They can protect a business you built before marriage, ensure children from a prior relationship receive their inheritance, and limit or waive alimony.
Key Differences Between the Two Agreements
The main difference lies in the default legal protections you have without a contract. Married couples have automatic rights under Florida law regarding "marital assets" and "equitable distribution." Unmarried couples have none.
Here is how they compare:
- Legal Standing: Prenups modify existing marital rights. Cohabitation agreements create rights where none exist.
- Alimony: You can waive or define alimony in a prenup. Unmarried partners cannot claim alimony in Florida, but a cohabitation agreement can create a contract-based support arrangement ("palimony").
- Asset Division: In a divorce, marital assets are divided equitably. In a cohabitation breakup, whoever holds the title usually keeps the asset unless a contract says otherwise.
If you're unsure which applies to you, speaking with a collaborative divorce attorney Orlando Florida residents trust is a smart first step. We help couples understand how these agreements function not just as divorce planning, but as relationship planning.
When Should You Choose a Cohabitation Agreement?
Choose a cohabitation agreement if you plan to live together long-term or buy property together but have no immediate plans to marry. This is especially vital in real estate markets like Downtown Orlando or Thornton Park, where property values are high.
We recently helped a couple who purchased a home together, where one partner paid the down payment ($50,000), and the other paid the monthly mortgage. Without a cohabitation agreement, if they split and sell the house, the partner who paid the down payment might not get that initial investment back. A simple agreement clarifies that the down payment is reimbursed first before splitting any equity.
Consider a cohabitation agreement if:
- One partner is moving into a home owned by the other.
- You have a significant income disparity.
- You are older and want to protect assets for adult children without the legal entanglements of marriage.
When Is a Marriage Contract Necessary?
You need a marriage contract if you're getting married and want to protect pre-marital assets or limit debt liability. Florida is an equitable distribution state, meaning the increase in value of non-marital assets during the marriage can sometimes become marital property.
For example, if you own a business in Orlando and it doubles in value during your marriage, your spouse could be entitled to half of that increase. A prenup prevents this.
It is also crucial for blended families. If you remarry without a prenup, your new spouse generally has rights to a large portion of your estate upon your death, potentially cutting out children from a previous marriage.
If disputes arise during the drafting process, using a mediation attorney can help you resolve specific financial sticking points amicably before the wedding.
How Much Do These Agreements Cost?
In Orlando, drafting a comprehensive cohabitation or prenuptial agreement generally costs between $1,500 and $5,000, depending on the complexity of your assets. While this might seem like a significant expense, it costs a fraction of a litigated dispute.
A standard divorce in Orange County without an agreement can easily cost $15,000 to $50,000 per person if it goes to trial. Investing in a contract upfront saves money and emotional energy later.
Most agreements take 2 to 4 weeks to draft, review, and finalize. We recommend starting the process at least 60 days before a wedding or move-in date to ensure neither party feels rushed or coerced, which can invalidate the agreement later.
Requirements for Enforceability in Florida
For either agreement to hold up in an Orange County court, strict legal standards must be met. A napkin agreement won't cut it.
The requirements include:
- Written and Signed: The contract must be in writing and signed by both parties.
- Voluntary: No coercion or duress. If you hand your fiancé a prenup 24 hours before the wedding, a judge might throw it out.
- Full Financial Disclosure: You must list all assets, income, and debts. Hiding a bank account or a credit card debt can render the entire agreement void.
- Fairness: While it doesn't have to be a 50/50 split, the agreement cannot be "unconscionable" at the time it was signed.
Why You Need a Lawyer, Not a Template
Internet templates rarely account for Florida-specific statutes like the Homestead exemption or specific rules regarding retirement accounts. A generic form might look official, but if it contradicts state law, it provides false security.
As a collaborative divorce attorney Orlando Florida families rely on, we have seen numerous DIY agreements fail in court because they missed a critical signature witness or failed to waive specific spousal rights correctly. Your financial future is too important to leave to a downloaded PDF.
Furthermore, it's highly recommended that both parties have their own legal counsel. If only one person has a lawyer, a judge may scrutinize the agreement more closely to ensure the unrepresented party wasn't taken advantage of.
Protecting Your Future Together
Whether you're sharing a rental in College Park or building a life in a Dr. Phillips estate, clear written agreements build trust. They allow you to focus on your relationship instead of worrying about "what ifs."
Don't wait until a conflict arises to define your rights.
Call Ilvento Law at (407) 898-0747 to discuss your specific situation. We will help you draft an agreement that protects your interests and stands the test of time.
Cohabitation Agreement vs Marriage Contract in Florida: What to Know
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