Cohabitation prior to marriage can create problems later if the marriage fails because the courts must struggle whether and to what extent the premarital cohabitation should be considered in the property distribution.

In general, therefore, marital and family law lawyers recommend that unmarried cohabiting couples enter into a cohabitation arbitration provision and termination.

A cohabitation agreement should not make any mention of sexual services (with language such as "love and affection"), as courts as a matter of policy will not enforce agreements where sexual services implied contract of marriage.

An agreement makes property distribution more approachable should the couple marry and subsequently divorce. In the United States, there are two general models of property distribution: all property and dual classification. In the all-property routine (also called the community property jurisdictions.

All-property jurisdictions and dual classification states view property acquired or brought to cohabitation in different ways. assets.

In general, property acquired during cohabitation is not marital, but property acquired in what is called "contemplation of marriage" may be. This is particularly true in the case where the property is in joint title. And courts may consider contributions made during premarital cohabitation in dividing a marital estate.

Sometimes gay couples who are cohabiting operation of law. For example, a guy couple buying a house must spell out the terms and conditions of the joint purchase. By operation of law, a married couple own the house as tenants by the entirety.

Many divorce judgments terminate order not to lose her alimony.

Cohabitation can be grounds for terminating support in some states and provinces.

Cohabitation with a new partner during a pending divorce from a motion to prevent such behavior.

See also Palimony.