What Can & Can’t Be In A Cohabitation Agreement

What can be included in a cohabitation agreement?

Generally, a cohabitation agreement can deal with the following:

(a) division of property on separation or death;

(b) ownership of property (what is owned jointly and what is owned separately);

(c) inheritance of property;

(d) spousal support obligations; and

(e) the right to direct the education and moral training of their children.

There are a number of limitations to cohabitation agreements. They can’t deal with the following:

(a) custody of or access to children;

(b) child support; and

(c) clauses considered illegal or immoral.

As well, a court is permitted to set aside a provision if the court believes that it is unjust. What may be just now may be unjust twenty years from now, so it pays to carefully consider all possibilities of what can happen in the future.

You’re Invited to Call or E-Mail!

If you’re considering a cohabitation agreement — or have already made your decision — you’re invited to call or email us. We’ll explain for free how you can protect your assets and plan your estate. You can call us toll-free at (800) 407-2570 or email us using our contact form here. We can help you anywhere in Ontario, including Ottawa, Toronto, Mississauga, Brampton, and Hamilton.


  1. My partner and I have recently purchased a home together. I work for the Federal Government and have a pension, and my partner works in the private sector and does not have a pension.

    My biggest concern is protecting my pension. My question is: Can I state in the cohabitation agreement that my pension cannot be touched by my partner in the event we break up?

    • cohablawyer says

      @Chelsea – Yes, you can. When it comes to dividing assets, so long as you and your partner agree, you can put pretty much whatever you want in a cohabitation agreement.

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