Maintenance and cohabitation

Asked 4 months ago - 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. David Zaslavsky

    Contributor Level 18

    1

    Lawyer agrees

    Answered . 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.

    Speak to an attorney to help you with this matter.

    I am an attorney with over a decade of experience in Matrimonial and Family Law with offices in Brooklyn and... more
  2. Mary Katherine Brown

    Pro

    Contributor Level 20

    1

    Lawyer agrees

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

    All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts... more
  3. David Ivan Bliven

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . 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.

    * If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.

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