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Maintenance and cohabitation

Newburgh, NY |

is there a specified amount of time that constitutes cohabitation. In other words, does N.Y.S. designate the amount of time that a cohabitant can be with the supported spouse without spousal reduction or elimination?

Attorney Answers 3

  1. There is nothing in NY law regarding cahabitation. If your agreement does not specify this, it does not exist. There is a statute regarding either getting remarried, or hold oneself out as husband and wife, however, there is no time specified. It either is or is not.

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  2. I suggest you look to the separation agreement. If it isn't there, then it doesn't apply.

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  3. No - indeed if your divorce agreement does not state otherwise, mere cohabitation is not a basis to terminate maintenance. Generally only actual remarriage results in such a termination. Schedule a consult with an Orange/Westchester Family Law attorney.

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