Chopin v. Chopin 224 Ariz. 425 (Ct. App. 2010)
Jan 01, 2010OUTCOME: My client (wife/mother) prevailed on Appeal. This case established the legal definition in Arizona for the term romantic cohabitation. This was a case of first impression in the state of Arizona.
Mr. Gaertner represented wife at both the trial level and on appeal. The parties' divorce consent decree and property settlement agreement stated that wife's spousal maintenance would terminate if she ... romantically cohabitated with another person. Husband filed a motion to terminate spousal maintenance alleging that wife was romantically cohabitating with her boyfriend. Arizona law did not define romantic cohabitation nor did the parties' agreement(s). The trial court initially agreed with Husband and terminated wife's spousal maintenance and ordered her to reimburse husband for nearly one year of payments she received from husband. An appeal was filed by wife challenging the trial court's ruling, the court of appeals reversed the trial court's ruling, reinstating spousal maintenance to wife. This is a reported case because the court adopted wife's definition of what constitutes romantic cohabitation. A major victory for wife and a significant case in the spousal maintenance field of practice in the state of Arizona.
