Legal Question in Family Law in New York

Cohabitation definition

I have a seperation agreement with my wife. It states that I can stop maintainence/spousal support upon my wife's remarriage or cohabitation with an unrelated male. She has been in a relationship for 18 months and will marry at some stage after our divorce; which will most likely occur in mid 2004. Would the fact that she and her male friend take vacations together, that he sleeps over in the house she and I jointly own but in which she and our daughter live, constitute cohabitation? He does maintain a seperate residence and sleeps there most of the time. But he spends all his waking hours at my wife's residence.


Asked on 11/26/03, 2:14 pm

2 Answers from Attorneys
Seth Kaufman Seth M. Kaufman

Re: Cohabitation definition

What you describe is not cohabitation. Feel free to call me at 212-367-9167 to discuss this or related issues.

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Answered on 11/30/03, 1:01 am
Stephen Loeb Law Office of Stephen R. Loeb

Re: Cohabitation definition

Not if he maintains a separate residence, at which he spends most of the time.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 12/01/03, 10:02 am


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