What is Cohabitation?

An award of spousal support will typically terminate on a specified date in the future, or
upon the death of either party, the remarriage of the spouse receiving spousal support,
or the cohabitation of the party receiving spousal support. While a date specific, death or
remarriage are pretty easy to determine, cohabitation is not.

Ohio Courts generally look to three (3) factors to determine cohabitation: (1) an actual
living together; (2) of a sustained duration; and (3) with shared day-to-day expenses.
Cohabitation is often described as an issue of lifestyle, not a housing arrangement.
Whether cohabitation exists is a question of fact to be determined by the court on a case-
by-case basis.

Frequently cohabitation is described as a relationship with an unrelated person of the
opposite sex in a relationship tantamount to marriage. In my experience as a domestic
relations attorney
in the Cleveland/Akron area, cohabitation is extremely difficult to prove
and, most often, not worth the time and expense associated with trying to prove it.

Share
This entry was posted in Divorce, General. Bookmark the permalink.

Leave a Reply

Your email address will not be published. Required fields are marked *