Same-Sex Relationships and the Definition of Cohabitation

December 10th, 2015 by JBWK

Submitted by Berkley Foltz

Virginia began issuing same-sex marriage licenses in October 2014. Now, for the first time since that date, the Supreme Court of Virginia will hear a case in which an ex-husband is arguing that he should no longer be required to pay spousal support under their property settlement agreement because his ex-wife is cohabitating with another woman.

The Court of Appeals ruled that the ex-husband is still responsible for spousal support because the term “cohabitation” as used in their property settlement agreement and in the Code of Virginia does not apply to same-sex couples.

The court reasoned that the statute, Va. Code § 20-109, states that spousal support may cease when the receiving spouse begins “cohabitating with another person in a relationship analogous to a marriage” and that cohabitation with someone of the same-sex does not meet this definition. The ex-husband believes that the Court of Appeals erred in their interpretation and will make his argument in front of the Supreme Court of Virginia in 2016.

Luttrell v. Cucco

Comments are closed.