Cohabitating is typically used synonymously with living together, so if your ex's partner is not spending the night but maintaining his own household, a court is likely to find that they are not cohabitating.
Seeing someone everyday is normally not enough to establish that they are cohabitating. Alabama court decide this on a case by case basis though.
The Alabama judiciary, in determining whether a former spouse is "living openly or cohabiting with a member of the opposite sex," Ala. Code 30-2-55, has required
both a sexual element and some degree of permanence in the relationship. See, e.g., Ayers v. Ayers, 643 So. 2d 1375, 1377 (Ala. Civ. App.), cert. denied, 643 So. 2d 1377 (Ala. 1994) (stating that "`[c]ohabitation has been defined as some permanency of relationship coupled with more than occasional sexual activity between the
cohabitants'"; trial and appellate courts found only evidence of a
"three-year romantic friendship" between the former wife and her
alleged cohabitant and denied the former husband's request to terminate
alimony (quoting Tucker v. Tucker, 416 So. 2d 1053, 1055 (Ala. Civ.
App. 1982)); Perkins v. Perkins, 643 So. 2d 992, 993 (Ala. Civ. App.
1994) (evidence supported finding of cohabitation where "wife's
daughters testified that their mother
was living with a man, that his
clothes and toiletries were located at her house, that they were
`always together,' that they spent practically every night together,
and that he ate his meals at her house and drove her car" and where
wife admitted to sexual relationship with the man and to discussions of marriage
Here is a link which provides these case citations:
Unless you can show that for all practical purposes, they are living together, it is not likely a court would find they are cohabitating typically.
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