Unwanted cohabitation agreements

• Published date: 01 January 2023
• Author: Margaret Ryznar
• Date: 01 January 2023
• DOI: http://doi.org/10.1111/fcre.12687

SPECIAL FEATURE

Unwanted cohabitation agreements

Margaret Ryznar

†

Professor of Law, Indiana University

McKinney School of Law, Indianapolis,

Indiana, USA

Correspondence

Margaret Ryznar, Professor of Law, Indiana

University McKinney School of Law,

Indianapolis, IN, USA.

Email: mryznar@iu.edu

Abstract

Given the predominant role in American law of cohabita-

tion agreements in protecting cohabitants, this Article

presents an informal study that measured attitudes

toward such agreements. The results confirm the litera-

ture findings that people generally are not inclined to

want cohabitation agreements upon cohabitation. Further

studies might explore the reasons for the unpopularity of

cohabitation agreements and the ways to improve the

protection of cohabitants, and this Article offers potential

considerations.

KEYWORDS

cohabitation, cohabitation agreements, nonmarital contracts,

nonmarital relationships

Key points for the family court community

•The number of cohabitations has been increasing for

decades.

•The main source of legal protection for cohabitants upon

their separation is a cohabitation agreement.

•This small, informal study confirms the literature findings

that people generally are not inclined to want cohabita-

tion agreements upon cohabitation.

•Future studies might explore the reasons for the unpop-

ularity of cohabitation agreements and the ways to

improve the protection of cohabitants.

†

Professor of Law, Indiana University McKinney School of Law. Manythanks to the conveners and participants of the Roundtable on Nonmarriage and

the Law at Washington University School of Law in the Fall of 2021, especially Albertina Antognini, for their excellent comments on an earlier draft.

Thanks also to the editors of Family Court Review for their helpful edits.

DOI: 10.1111/fcre.12687

© 2022 Association of Family and Conciliation Courts.

Family Court Rev. 2023;61:73–80. wileyonlinelibrary.com/journal/fcre 73