can you still draw up and be protected by a cohabitiaion agreement if .....?

Question

you previously lived together in a state (Alabama) where the law recognizes cohabitation but recently moved together to a state(Virginia) where cohabitation is illegal and not recognized

Answer 1

If you had a cohabitation agreement in place in Alabama, you can continue to honor it. Creating one where its illegal is pretty shady. Why not just get married and have a pre-nuptial agreement?

Answer 2

All states are bound by the constitution to honor the contractual agreements of their sister states. Therefore, if you had an agreement in Alabama, where it is legal, then Virginia would have to honor it. However, you cannot draw up an agreement in a state where it is not accepted. It would seem that your solution is to move back to Alabama, get married in Virginia, or continue to live as you are without protection from the law.
For example, California does not have common law marriage but Nevada does. A couple from Nevada that established a common law marriage there, moves to California and California has to honor them as being married, even though the marriage would not have been recognized if it had been done in California. The same thing goes for your cohabitation agreement between Alabama and Virginia.