In addition, a concubine agreement deals with the finances of the parties and the remuneration of the cost of living. It may also be whether a party could receive financial assistance after the relationship is dissolved and how this would be organized. If you plan to live with someone and share assets with someone you`re not legally married to, it`s important that this agreement exists. Cohabitation is generally defined as two people who live together, as if they were a married couple. State laws differ in the definition of cohabitation. Some states have laws that make cohabitation a crime under the Adultery Act. Under state law, living together means “living regularly with an adult of the same or another sex when the parties pose as a couple and the relationship of the pensioning party provides a financial benefit. Proof of sexual intercourse is allowed, but is not required to prove cohabitation. Another state law defines cohabitation as “the permanent and habitual cohabitation of a man and a woman who are in a private conjugal relationship that is not solemn as a marriage under the law or that does not necessarily meet all the norms of a marriage under the common law.” Another state, Georgia, defines cohabitation as “an uninterrupted and open cohabitation in a simple relationship with another person, regardless of the sex of the other person. Please note that a concubine contract does not have the same weight as a marriage and does not offer the benefits associated with marriage. It also does not formally commit you, or your partner, to fulfill the conditions set out in the contract once the relationship is over. Because living with someone is a big obligation, and it`s worth taking the time to plan for anything that might happen in the future.
Since Pennsylvania laws do not describe how a long period of cohabitation can impact equitable distribution, it is difficult to question whether cohabitation would be a relevant factor that will be considered. In New Hampshire, the Supreme Court recently ruled that assets accumulated before marriage belong to both parties and can be distributed as part of their divorce decision. In the case of In the Matter of Deborah Munson and Coralee Bell, the New Hampshire Court added the duration of cohabitation to find that marriage can be considered “long-term” for the purpose of determining an equitable division of property and the granting of alimony. The court held that in New Hampshire, premarital cohabitation “is a factor that the court may consider in divorce proceedings when determining whether to depart from the presumption that an equal distribution is an equitable distribution of property.” More and more couples are choosing not to get married.