Legal Question in Family Law in New York

Define co-habitation

My divorced ex-wife has a boyfriend who stays over 5 to 7 nights a week. This has been going on for over 6 months. My agreement states that I can stop paying my maintenace portion after 6 months of cohabitation. SO how does NYS define cohabitation????


Asked on 8/25/03, 12:16 pm

1 Answer from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Define co-habitation

Co-habitation is normally defined as two persons sharing the sam primary address as evidenced by the totality of the circumstances: Do they get the mail delivered to the same address? Do they share living expenses? Rent? That sort of thing. If you believe there are grounds you can certainly file a request for a modification and then you can try and prove your case.

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Answered on 8/26/03, 9:30 am


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