Louisiana matrimonial agreement 2025

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In Louisiana, you cant just live with someone and be considered legally married, no matter how long youve been together. You have to get officially married. The concept, known as common-law marriage is not recognized in Louisiana.
Any property or income acquired during the marriage is classified as community property, while assets owed before the marriage or received as gifts or inheritances are considered separate property. During a divorce, courts aim to divide community property equally unless both spouses agree to a different arrangement.
However, married couples can still enter into a similar matrimonial agreement known as a postnuptial agreement. This agreement allows spouses to alter their community property regime after they are married, though they must meet specific legal standards different from those of a prenup to ensure they are enforceable.
The exceptions to the presumption that property owned by a married person is community property in Louisiana include: Gifts or inheritances that were specifically given to only one spouse are considered separate property. Property acquired before the marriage is classified as separate property.
Overall, living together for any length of time, let alone 10 years, with a partner can not be termed as legal marriage. There can be no equivalent to legal marriage for the simple reason that ``living together is not the only reason for getting legally married.

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While the state does not acknowledge common-law marriage, couples can still protect their interests by establishing cohabitation agreements. These agreements outline how property will be owned and divided between partners, providing clarity and security in case of separation or dispute.
In 1805, Louisiana became a US state, and common law marriage continued to be recognized as a valid form of marriage. However, in 1997, Louisiana amended its Civil Code to remove common law marriage as a recognized form of marriage.

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