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FAQ |
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“Cohabitation” refers to either a man and a woman
or same-sex couple living together in an intimate sexual relationship
without marrying. A “cohabitation agreement” is a
contract between parties who live together in the same residence
but are neither married nor party to a domestic partnership.
Such agreements may address a litany of different issues between
the parties, and will govern their rights and obligations to
one another.
By choosing cohabitation, couples are foregoing certain rights
and protections provided for them in a marital union as prescribed
by the Family Code. Under the Family Code and federal law, married
couples accrue legal rights, including the right to receive a
property settlement and/or support in the event of divorce; file
joint tax returns; receive distributions from estates free of
estate tax; receive survivor's benefits from retirement plans
and Social Security; obtain "family" health insurance,
dental insurance, and other employment benefits; and automatically
share in his/her partner's property in the event he/she dies
without a will. Unmarried couples, on the other hand, generally
acquire similar rights by expressly securing their benefits through
a cohabitation agreement.
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