Close X

Is a Declaration of Domestic Partnership the same thing as a Cohabitation Agreement?

Is a Declaration of Domestic Partnership the same thing as a Cohabitation Agreement?

Shawn C. Newman

No. They are two very different agreements.

A Declaration of Domestic Partnership is a document usually filed with the County and is a public record of your relationship. It is an agreement that states that you agreed to share food and shelter during your domestic partnership but otherwise has very little impact on how you organize your relationship and your individual property and your shared property.  A Declaration of Domestic Partnership may be required by your employer if you wish to add your partner to your employer's health insurance.  In recent times, employers have phased out the ability to add a domestic partnership since marriage is now available for all couples.    Please check with your employer FIRST to determine if your employer recognizes and allows coverage of your domestic partner's participation for benefits.

A Cohabitation Agreementis a private agreement between the two of you. It becomes a legally enforceable document regarding your property rights if executed and drafted properly. This is not a public document.

That said, a Declaration of Domestic Partnership and a Cohabitation Agreement are often used as both a public and a private commitment to your shared relationship. But the purposes of the two documents are very different.

Ask a Question

If you have a general question that you would like answered by a Florida Estate Planning and Administration Attorney, please use the contact form to send Shawn a question.   As long as it is general (and not too specific to your unique situation), Shawn will answer these questions in the form of a Frequently Asked Question to help you but also help others in our community.

Shawn can not offer legal advice in this format.   He can only provide general information that you may find helpful.  You should call an attorney and seek legal advice if you need specific legal advice.

Give us a call. We can help.

Law Office of Shawn C. Newman, P.A.
710 Northeast 26th Street
Wilton Manors, FL 33305-1238
Phone: (954) 563-9160

Serving all of the greater Fort Lauderdale area and Broward, Palm Beach, and Miami-Dade counties in Southern Florida.

The Law Office of Shawn C. Newman, P.A. Is Here for You

At the Law Office of Shawn C. Newman, P.A., we focus on Estate Planning, Powers of Attorney, Wills, Probate, Trusts, Estate Planning Tax Returns, Estate Litigation, Private Annuities & Charitable Trusts, Guardianship, Conservatorship, and Contested Will Litigation and we are here to listen to you and help you navigate the legal system.

Contact Us Today

The Law Office of Shawn C. Newman, P.A. is committed to answering your questions about Estate Planning, Powers of Attorney, Wills, Probate, Trusts, Estate Planning Tax Returns, Estate Litigation, Private Annuities & Charitable Trusts, Guardianship, Conservatorship, and Contested Will Litigation law issues in Florida.