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I am trying to finalize a PSA with my soon to be ex I would…

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I am trying to...

I am trying to finalize a PSA with my soon to be ex I would like to keep my spousal support from him until the time we agreed upon but he wants to put cohabitation as a factor and he agrees to exclude from cohabitation having tenanats,roomates or a family member (grandmother, sister ect) he only means romantic partner proving constant support can we do that?

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

Yes, me and my soon to be ex husband are working on finalizing a PSA. Initially he agrees to waive his right to change the amount of spousal support (we agreed that he would pay me spousal support until june of 2019) and we agreed that the spousal will cease ONLY if I remarry or one of us dies. But now he wants to go and add cohabitation as a factor .And he is ok to exclude from cohabitation term tenants or family member like grandmother, or sister but he wants the term cohabitation to refer to a potential romantic partner living with me and providing support So can we define to what cohabitation will refer in our agreement or once its mentioned is up to the court if we have future issues

Submitted: 2 years ago.Category: Family Law
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Answered in 3 minutes by:
1/30/2016
Family Lawyer: LegalGems, Lawyer replied 2 years ago
LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 13,964
Experience: Experienced Family Law Attorney
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What state is this in regards ***** *****?

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Customer reply replied 2 years ago
Virginia
Family Lawyer: LegalGems, Lawyer replied 2 years ago

Thanks - a few minutes please.

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Customer reply replied 2 years ago
Ok
Family Lawyer: LegalGems, Lawyer replied 2 years ago

Thank you for your patience.

Here is the statute that governs spousal support

http://law.lis.virginia.gov/vacode/title20/chapter6/section20-107.1/

It lists the factors the court will consider, so it may help with deciding what may be a fair amount

For periodic support (monthly payments for a set term), the legislature has left it up to the parties to contract as to the terms of the termination of support. Here is the relevant statute:

§ 20-109. Changing maintenance and support for a spouse; effect of stipulations as to maintenance and support for a spouse; cessation upon cohabitation, remarriage or death.

A. Upon petition of either party the court may increase, decrease, or terminate the amount or duration of any spousal support and maintenance that may thereafter accrue, whether previously or hereafter awarded, as the circumstances may make proper. Upon order of the court based upon clear and convincing evidence that the spouse receiving support has been habitually cohabiting with another person in a relationship analogous to a marriage for one year or more commencing on or after July 1, 1997, the court shall terminate spousal support and maintenance unless (i) otherwise provided by stipulation or contract or (ii) the spouse receiving support proves by a preponderance of the evidence that termination of such support would be unconscionable. The provisions of this subsection shall apply to all orders and decrees for spousal support, regardless of the date of the suit for initial setting of support, the date of entry of any such order or decree, or the date of any petition for modification of support.

So the parties may word it so that it terminates upon for example, death, remarriage, or cohabitation in a marriage like relationship.

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Family Lawyer: LegalGems, Lawyer replied 2 years ago

Here is a brief overview re: various issues on divorce topics:

http://www.vsb.org/site/publications/financial-issues-in-divorce

I hope this helps! Thank you and take care.

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Customer reply replied 2 years ago
we can exclude cohabituation per PSA and it would be legal?
Family Lawyer: LegalGems, Lawyer replied 2 years ago

Yes, as the statute states that the cohab issue can be address by stipulation or contract - so the courts are allowing the parties to decide what works best for them. The statute is there for when parties cannot agree.

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