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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.

    All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.


  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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