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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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What constitutes cohabitation? Does seeing someone every night

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What constitutes cohabitation? Does seeing someone every night but never staying and maintaining separate households, bills, etc.?

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.


Well, that really depends on the context of your question. For what purpose do you need cohabitation defined, because different legal situations have different potential definitions of the same term.


So, just some context will help.

Customer: replied 4 years ago.

In terms of monthly alimony being paid. Would an ex having a relationship with someone & seeing this person every day but not living with them or maintaining same household constitute cohabitation?

I'm going to transfer this to family law and opt out. Don't respond.

Hello and welcome,

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am working on your answer now and will post it here shortly. Thank you for your patience while I prepare your answer.

Hello again,

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

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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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience: JD, 17 years legal experience including family law
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