Legal Question in Family Law in Pennsylvania
Cohabitation
What is the legal definition of cohabitation in Pennsylvania?
1 Answer from Attorneys
Re: Cohabitation
I assume you mean cohabitation in the context of alimony. The main cohabitation statute says "No petitioner is entitled to receive an award of alimony where the petitioner, subsequent to the divorce pursuant to which alimony is being sought, has entered into cohabitation with a person of the opposite sex who is not a member of the family of the petitioner within the degrees of consanguinity"
Thus, cohabitation must happen after the divorce, with a member of the opposite sex who is not a member of the person's family. The courts have stated that cohabitation is "the mutual assumption of those rights and duties attendant to the relationship of husband and wife", and as a "dwelling together of man and woman in the same place in the manner of husband and wife". "Cohabitation may be shown by evidence of financial, social, and sexual interdependence, by a sharing of the same residence, and by other means". Cohabitation is NOT shown by showing an occasional sexual liaison.
Let me know if I can be of further help.
Related Questions & Answers
-
Credit are spouses liable for their spouse bills Asked 2/07/08, 10:32 am in United States Pennsylvania Family Law, Divorce, Child Custody and Adoption