Legal Question in Family Law in Kentucky

I've been divorced about a year. My divorce agreement reads under "Maintenance" "these payments shall automatically terminate upon the earlier of: the completion of the five years of payments, the death of either party, Jill's remarriage or cohabitation."

I lived with a guy for 2 months, but have now moved out. Should I be able to receive maintenance again or did this terminate completely when I moved in with him?


Asked on 10/03/12, 2:44 pm

1 Answer from Attorneys
Gregory Napier Troutman & Napier, PLLC

The most likely interpretation of this by a court is that once you and that fella moved in together, it all came to an end and cannot be re-started. However a judge may look at the whole situation and take a "no harm no foul" approach.

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Answered on 10/05/12, 7:35 am


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