For many people facing the possibility of paying alimony after separation and/or divorce, the thought that their ex may cohabit makes them positively giddy. There is an expectation that cohabitation will prevent any future obligation to pay alimony. This expectation may be based on the language of Section 1512(g) of Title 13, which provides:
Unless the parties agree otherwise in writing, the obligation to pay future alimony is terminated upon the death of either party or the remarriage or cohabitation of the party receiving alimony. As used in this section, "cohabitation" means regularly residing with an adult of the same or opposite sex, if the parties hold themselves out as a couple, and regardless of whether the relationship confers a financial benefit on the party receiving alimony. Proof of sexual relations is admissible but not required to prove cohabitation. A party receiving alimony shall promptly notify the other party of his or her remarriage or cohabitation.
The view is, however, overly optimistic. Cohabitation is not an absolute bar to alimony in every instance. The timing of the cohabitation is key. As the Family Court note in the case of C.G.B. v. R.S.B. (which recently became available online),
'1512(g) is a termination statute, not an eligibility statute for alimony under Delaware Law.' Delaware Courts have held that where a party has cohabitated, but the cohabitation ends prior to the time the party becomes an 'alimony recipient,' § 1512(g) does not preclude an award of alimony.
The decision may be read in its entirety here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
