Using Cohabitation Agreements with Same-Sex Marriages

Two women married in Massachusetts and moved to Texas where they sought to divorce. The Texas court refused to divorce them because it did not recognize the validity of the Massachusetts marriage. Same-sex couples who marry here in Massachusetts may want to consider entering into a cohabitation agreement as well–especially if moving is a possibility.

A cohabitation agreement would articulate the respective rights and obligations of the parties in the event that the marriage breaks down.  That way, if the couple finds themselves in an inhospitable jurisdiction at the end of the marriage, a court may be persuaded to enforce the contract without having to pass on the validity of the marriage. If you have any questions about such a document, please give Fields and Dennis a call.