Legal Question in Family Law in Georgia

"Entering into a meretricious relationship" would that include having a family member or members living together and sharing the bills?


Asked on 9/13/11, 8:15 pm

1 Answer from Attorneys

It would have been easier if you had cited the whole law instead of taking it out of context.

I assume that you are referring to the alimony provisions and the prohibiton against co-habiting with another man or woman after the divorce. The law is set forth below.

The law is not geared towards family members generally. I assume that the family members are not involved in anything sexual. It is geared at preventing spouses who are divorced from one spouse having to pay alimony to the other spouse who is living with his/her new boyfriend or girlfriend. No man or woman wants to be paying alimony when their ex-spouse is shacking up with a new boyfriend or girlfriend.

O.C.G.A. � 19-6-19 (Revision of judgment for permanent alimony generally -- When authorized; petition and hearing; cohabitation with third party as ground for revision; attorney's fees; temporary modification pending final trial

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(b) Subsequent to a final judgment of divorce awarding periodic payment of alimony for the support of a spouse, the voluntary cohabitation of such former spouse with a third party in a meretricious relationship shall also be grounds to modify provisions made for periodic payments of permanent alimony for the support of the former spouse. As used in this subsection, the word "cohabitation" means dwelling together continuously and openly in a meretricious relationship with another person, regardless of the sex of the other person. In the event the petitioner does not prevail in the petition for modification on the ground set forth in this subsection, the petitioner shall be liable for reasonable attorney's fees incurred by the respondent for the defense of the action.

Meretricious comes from the latin word for prostitute - (meretrix)

Definition of MERETRICIOUS

1: of or relating to a prostitute : having the nature of prostitution

2a : tawdrily and falsely attractive b : superficially significant : pretentious

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Answered on 9/14/11, 11:35 am


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