Cohabitation is defined as “living with” someone in a marriage like relationship. There is a spectrum of activities than can be considered cohabitation and does not necessarily require the parties to be living together 100% of the time. It is defined on a case by case basis in most cases, but if the parties are living together most of the time, sharing finances, household responsibilities and generally behaving the way most married couples would, they will probably be considered to be cohabitating.

I do not practice disability law and I am not sure I can answer your question. If you are asking if alimony is considered income for the purposes of determining whether your income is low enough to qualify for in home help, I do not know the specific answer to that question. However, alimony is classified as income.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Voice: 704.307.4600
Main Fax: 704.943.0044

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.

Please explain what specifically constitutes cohabitation and if the federal determination of disability for the spouse receiving the alimony is a qualifying factor in having a live in for medical assistance?