Marital Contracts and Contracts Between Cohabitants

Question 1

marital agreements

Answer 1

• Created b/w spouses who intend to remain married
• Alters or confirms martial rights or obligations during marriage or at separation, dissolution, or death
• Generally treated the same as prenups

Question 2

separation agreements

Answer 2

• Entered into after marriage under which parties agree to live apart and resolve economic issues and custody rights
• Must be voluntary w/ full and fair disclosure by both parties AND consideration (mutual promises are sufficent)
• Parties can waive alimony or property agreement
• Parties can agree on custody or child support, but court may refuse to enforce these based on best interest of child(ren)

Question 3

contracts between unmarried cohabitants

Answer 3

• More common b/w same sex couples before Obergefell
• Generally valid and will be enforce
• Sex is not sufficent consideration
• Court may imply contracts to award property between unmarried cohabitants