Cohabitating and alimony


#1

I have a cohabitation clause in my agreement which will stop my alimony. I don’t want to lose alimony or boyfriend. So, I’m wondering what constitutes cohabitation? Can he stay two nights a week in my home? I work shift work and I’m home approximately 4 nights a week at home. The other nights I am away at work… And, for another approach on situation could I build a guest house which he lived in and spent all nights there? Currently I have an out building that doesn’t have plumbing so I was contemplating modifying building to include toilet. Could he shower and eat and do laundry in main house? Or do I have to make guest house totally self sufficient?


#2

** not an attorney **

There’s no hard and fast rule or ratio of time spent that constitutes cohabitation. 1-2 nights a week is probably not a problem, as long as he maintains his own place and is not contributing towards your bills or maintenance of your home. Things that start swinging things towards cohabitation would be if your boyfriend was taking on things like the yardwork and mowing in addition to staying over a few nights a week.

If you built a guest house, I think that’s totally going to be cohabitation, even if you try to maintain that it’s separate on your property. He would be sharing the living expenses, and that would reduce/negate your need for alimony.


#3

Thanks for response. Really, you think yard work or helping around house constitutes cohabitating or more of an interest in my house?

He cut the grass for me long before he ever stayed over. I figured it was sweet of him. I have helped him with stuff at his house too. We like spending time together. Would it b better if I pay him a dollar for any tasks he does around here?

Thanks
Barbie J


#4

Nowin’s point was that cohabitation is determined by the totality of the circumstances. If he’s helping you around the house, but you are clearly living in separate places, you shouldn’t have concerns. I think that having your boyfriend live in a guesthouse on your property would clearly be just for show, especially if he has to shower at your house.