Does cohabitation terminate alimony?

Does cohabitation terminate alimony?

Cohabitation and Termination of Alimony

Alimony in Utah can be terminated by the paying spouse establishing that their former spouse is cohabitating with another person. Utah Code §30-3-5(10). The Utah Supreme Court defines cohabitation as to live together as husband and wife. Myers v. Myers, 266 P.3d 806, 809 (UTAH 2011) (citing Haddow v. Haddow, 707 P.2d 669, 671 (UTAH 1985). This means that frequent visits will not be sufficient to support a finding of cohabitation.

The Utah Supreme Court has not provided an enumerated list that will establish cohabitation because there is no single prototype of marriage that all married couples conform to. Levin v. Carlton-Levin, 318 P.3d 1177, 1181 (Utah Ct. App. 2014). What the court did instead establishes a list of hallmarks of cohabitation including: (i) a shared residence; (ii) an intimate relationship; and (iii) a common household involving shared expenses, shared decisions, shared space, and shared meals. The court cautioned that these are merely factors in the ultimate inquiry into the existence of a relationship akin to that existing between husband and wife. Myers, 266 P.3d at 809.

SHARED RESIDENCE

The Utah Courts that have looked at the issue of cohabitation have determined relevant whether the ex-spouses love interest has a key to their home and whether they come and go as they please. Two individuals can only be deemed to be cohabitating if they establish a common abode that both parties consider their principal domicile for more than a temporary or brief period of time. Having keys to the home and the ability to come and go as they please goes far in establishing that.

INTIMATE RELATIONSHIP

An intimate relationship is more than mere sexual contact and common residency, it requires a sexual relationship that is relatively permanent, like that existing between a husband and wife. In Haddow, the court found that a fourteen-month-long relationship, a vacation to Hawaii where the parties shared a bed and spending the night in Nevada was sufficient to show the relationship was “relatively permanent”.

COMMON HOUSEHOLD

Factors for determining a common household include whether they both have personal property at the home, they share expenses, share decisions, share space, and share meals with one another. The court has found a common household even when both people in the relationship have their own homes when the above factors are present.

If a paying spouse suspects their former spouse of cohabitating, they must establish to the court that the above factors are met and the alimony should be terminated. Proving cohabitation is difficult. If you are subject to an alimony order either as a paying party, or a receiving party, and cohabitation is on your mind, you should consult an attorney in your area that can help you determine what your rights are.

Nothing in this article is intended to constitute legal advice and should not be construed as such.

This article was written by Attorney Christopher Young at Hepworth and Associates.

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Hepworth was a lighthouse in the middle of the storm. They provided outstanding professional legal counsel in a comprehensive, thorough manner with exceptional expertise, communication, and service. It was quite daunting to be in unfamiliar territory. They guided me in a calm but direct manner that kept me focused & able to handle all that was happening around me. I felt that my best interest was put first. I was not just another client. I HIGHLY recommend.read more
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Our family hired Hepworth & Associates and was assigned Ben Lawrence as our attorney. Ben was very professional in representing our case. He provided support by answering questions, researching appeal court decisions, and demonstrating a good understanding of best practices in family law. During the trial, Ben was able to maintain a calm and collected demeanor. His skills as an attorney helped our family through a challenging time as he guided us through the complicated legal system. After the trial he continued to reach out to our family to check in and to provide updates.read more
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