COHABITATION AGREEMENTS:
Future litigation and expense can be avoided by formation of a carefully crafted cohabitation agreement. When unmarried partners have children, buy real estate, or make commitments to share their lives and home, there are many issues that are best addressed in advance. Such an agreement might address how expenses are to be allocated, intentions regarding the care of minor children and how property would be divided in the event of future relationship dissolution.

Although Massachusetts does not recognize common law marriage and the courts have repeatedly affirmed their intention that there be a clear distinction between the legal rights of married and unmarried cohabitants, cohabitation agreements may be enforced under principals of equity and contract law.

TERMINATION AGREEMENTS:
In the event that a non-marital relationship terminates, issues such as the division of jointly acquired property, parenting schedules, and support must often be addressed. Factors for consideration include the financial and non-financial contributions of each party during the relationship, whether either party gave up other opportunities in order to remain at home and available, and the parties' respective responsibility for the care of children.

Under current Massachusetts law, there is no statutory right of an unmarried cohabitant to receive alimony from the higher earning former cohabitant. However, child support is available for the custodial parent of a child when the other cohabitant has a legal relationship with the child. Under recent Massachusetts case law, a de facto parent who does not have a legal relationship with a child may be given rights of visitation and the responsibility of continued financial support of the child.

All material on this site is intended for general information purposes only and does not constitute legal advice. For legal issues that arise, the reader should consult legal counsel. Responses to inquiries whether by e-mail, telephone or other means do not constitute legal advice nor do they create or imply the existence of an attorney-client relationship.

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