Later‑in‑life relationships can be a beautiful new chapter. Many people form new partnerships after divorce, separation, or the death of a spouse, often with established careers, adult children, and carefully planned retirement savings. For these couples, living together can be deeply meaningful, but it also raises important legal and financial questions.
This is where cohabitation agreements come in. Understanding what is a cohabitation agreement, the purpose of a cohabitation agreement, and how it applies to older couples can help partners protect what they have built while creating clarity and peace of mind for the future.
This article explains cohabitation agreements for older couples from a Canadian law perspective only, with practical guidance on how to get a cohabitation agreement, whether cohabitation agreements are legally enforceable, and when professional advice can help.
So, what is a cohabitation agreement?
In Canada, a cohabitation agreement is a written contract between two people who live together in a marriage‑like relationship but are not legally married. Provincial family law legislation allows unmarried partners to enter into domestic contracts that set out their rights and responsibilities during the relationship and if it ends.
A cohabitation agreement typically addresses issues such as property ownership, financial responsibilities, debt, and spousal support. It can also include terms about what happens if the relationship ends due to separation or death.
For older couples, understanding what is a cohabitation agreement is especially important because many partners enter the relationship with significant assets and existing family obligations.
The purpose of a cohabitation agreement is to provide clarity and certainty. It allows couples to decide for themselves how finances and property will be handled, rather than relying on default legal rules that may not reflect their intentions.
For older couples, the purpose of a cohabitation agreement often includes:
At its core, the purpose of a cohabitation agreement is not to plan for failure, but to support informed, respectful decision‑making.
Cohabitation and marriage are treated differently under Canadian law.
Married spouses are subject to statutory property equalization regimes in many provinces. Unmarried partners can be subject to the same regimes in many provinces, but in some provinces, they’re not. In provinces where statutory regimes do not apply to unmarried couples, property ownership for cohabiting couples is often determined by title, trust claims, or contract law. Find out more about the law in your province here.
This distinction is crucial for older couples. Without a cohabitation agreement, estate and retirement planning can be significantly impacted if the relationship doesn’t work out. These risks are a key reason many older couples explore how to get a cohabitation agreement.
Older couples often enter relationships with homes, investments, pensions, and registered savings plans accumulated over decades.
A cohabitation agreement can clearly define what remains separate property and how any jointly acquired assets will be treated. This is one of the most common reasons older couples consider how to make a cohabitation agreement.
Without an agreement, disputes over ownership or contribution can arise, particularly when one partner moves into the other’s home. It can also create tension with adult children who may be reliant on future inheritances.
Many older couples have adult children from previous relationships. Balancing the needs of a new partner with existing estate plans can be challenging.
A cohabitation agreement can work alongside a will to clarify expectations around inheritance and prevent unintended outcomes. It helps ensure that assets intended for children or grandchildren are protected while still providing fairness between partners.
Daily expenses, travel, housing costs, and caregiving responsibilities can look very different later in life.
A cohabitation agreement can outline how expenses will be shared, whether one partner will financially support the other, and how major decisions will be handled. This clarity is often central to the purpose of a cohabitation agreement for older couples.
Health considerations become more significant with age. While a cohabitation agreement cannot replace powers of attorney or advance directives, it can clarify financial expectations during periods of illness or incapacity. We suggest considering your estate planning needs and your cohabitation agreement in concert.
Many couples wonder how to get a cohabitation agreement and whether the process is complicated.
In Canada, the general steps include:
Understanding how to get a cohabitation agreement early can prevent misunderstandings later.
A well‑drafted agreement reflects the realities of later‑in‑life relationships.
The agreement should clearly identify assets each partner brings into the relationship and how they will be treated. This may include homes, cottages, pensions, and investments.
Older couples often have different income levels or retirement timelines. A cohabitation agreement can address how expenses will be shared and whether financial support will be provided.
The agreement can set out what happens if the relationship ends, including spousal support arrangements or property division. It can also reference coordination with estate planning documents.
So, how much does a cohabitation agreement cost in Canada?
Traditional lawyer‑drafted cohabitation agreements can cost several thousand dollars, depending on complexity and location. Jointly’s online platform is available at a fraction of the cost, making it easier for couples to protect themselves without significant financial strain.
Many people ask, are cohabitation agreements legally enforceable?
Yes. In Canada, cohabitation agreements are legally enforceable if they meet legal requirements such as full financial disclosure, voluntary signing, and compliance with provincial family law legislation. Courts are most likely to enforce agreements that are fair and focused on financial matters.
Another common question is, do you need a lawyer for a cohabitation agreement?
While independent legal advice is recommended, it is not always legally required. What matters most is that both partners understand the agreement and enter into it freely. Some couples choose Jointly’s platform combined with legal advice for added confidence.
A cohabitation agreement should be reviewed when major life changes occur, such as retirement, significant asset changes, illness, or moving provinces. Regular reviews help ensure the agreement continues to reflect the couple’s intentions.
Cohabitation agreements for older couples are not about mistrust. They are about clarity, respect, and planning with intention.
Understanding what is a cohabitation agreement, the purpose of a cohabitation agreement, and how to make a cohabitation agreement empowers couples to protect their independence while building a shared life.
At Jointly, we help Canadians create clear, accessible cohabitation agreements that focus on what courts actually enforce, without unnecessary complexity.
If you are ready to take the next step, you can learn more about how to get a cohabitation agreement and start with our free agreement starter kit here .
Aimee SchallesHi, I'm Aimee, a co-founder of Jointly. I’ve been working as a lawyer in British Columbia for over ten years. I run a small law firm and love helping people solve everyday problems. I’ve seen the difficulties that ordinary people face in accessing reliable legal services. I’ve also seen many friends and clients go through challenging separations that could have been improved if they’d have had a prenup or cohabitation agreement. I hope Jointly helps people make the relationship agreement they’ve been thinking about! Latest posts by Aimee Schalles (see all)