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explain 90day cohabitation clause in divorce settlement in…

explain 90day cohabitation clause in...
explain 90day cohabitation clause in divorce settlement in new york state
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Answered in 1 minute by:
11/2/2012
Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7,751
Experience: Divorce, child custody, child support, etc.
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Thank you for your question. Do you mean for purposes of terminating a support obligation or are you asking for another reason?

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Customer reply replied 5 years ago


waiting for response

I sent a request for more information. Did you see it? If not, please let me know, are you asking this question for purposes of termination of a spousal support obligation or something else?
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Customer reply replied 5 years ago

Yes for purposes of terminating a support obligation

Customer reply replied 5 years ago

Yes
for purposes of terminating a support obligation. Im having trouble communicating w you. If this does not satisfy, I/d like to know what I'd need to do for a refund please

I am preparing your answer, and will provide it momentarily.
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Customer reply replied 5 years ago


Thanks

There is no 90 day provision written into the law. It may be that your particular divorce decree has a provision in which if the supported spouse cohabitates with another for a period of 90 days, then the support obligation ends.

Otherwise, New York Domestic Relations law section 248 allows the supporting spouse to motion the court to terminate the support obligation "upon proof that the wife is habitually living with another man and holding herself out as his wife." Terminating support in that case is in the discretion of the court, and not automatic.

Below is a link to a case on point. The court must find that there is an economic dependence on the person with whom the spouse is cohabitating.

http://www.courts.state.ny.us/reporter/3dseries/2007/2007_10466.htm


I hope this answers your question.

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Customer reply replied 5 years ago

what do you mean by habitually living with a man and holding herself out as wife?

These terms are from the statute. It may be that your decree does not follow the statute and does not require either habitual living or that they hold themselves out as man and wife.

In any event, habitual living generally means they do not maintain separate residences apart from each other and share expenses. Holding themselves out to be man and wife generally means that they represent to others that they are married.
Lady Themis
Lady Themis, Lawyer
Category: Family Law
Satisfied Customers: 7,751
Experience: Divorce, child custody, child support, etc.
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