Cohabitation Can Lead To Spousal Support Termination

Love After Marriage For All: How Cohabitation With Another, Regardless Of Sexual Orientation, Can Trigger A Termination Of Spousal Support Post Divorce

cohabitation divorce spousal supportI couple weeks ago, I attended a very exciting and thrilling divorce seminar (said no one ever) where a portion of it was dedicated to giving an update on divorce court forms to reflect gender neutral identifiers for the divorce parties.  For example, instead of using husband and wife, the court forms will now use spouse 1 and spouse 2 or other similar gender neutral identifiers.   I still say the classic Plaintiff and Defendant identifiers are easier, but it is not my courthouse.

I imagine a majority of courts around the country, except perhaps for the Deep South, are adjusting appropriately to be in compliance with the U.S. Supreme Court’s historical decision finding state laws that prevented same-sex marriages are unconstitutional.  Which also meant that divorce statutes and divorce case law had to catch up with same-sex marriage.  One such aspect of divorce law that needed to catchup with the times was addressed by the Supreme Court of Virginia.

In Luttrell v. Cucco, Luttrell moved the trial court to terminate his spousal support obligation based on his … Read More... “Cohabitation Can Lead To Spousal Support Termination”

Same-Sex Couples: Premarital Cohabitation Assets and Divorce

New Hampshire Case Said to Set Precedent for Same-Sex Couples Upon Divorce, But is Ohio Law Already Set Up for Courts to Reach Similar Decisions?

same-sex couples cohabitation divorceThe Supreme Court of New Hampshire recently held that courts may consider premarital cohabitation when considering the division of a same-sex couple’s assets.  In the Matter of Deborah Munson and Coral Beal, the New Hampshire court was faced with a divorce and division of assets of a same-sex couple who lived together for 15 years before a civil union was held, followed by a marriage three years later. During the 15 years before the marriage, the couple essentially acted and functioned as a married couple, both socially and financially.  However, the trial court awarded Beal limited alimony and a small percent of the marital estate based upon the short duration of the marriage. Upon appeal, her attorneys argued that the district court should have considered the 15 years the couple cohabitated prior to the marriage.

In its decision, the New Hampshire Supreme Court agreed explaining that the law of the state provided a “catch-all” provision allowing the court to consider “any other factor” it deems relevant when dividing the marital assets.  Therefore, the Court held … Read More... “Same-Sex Couples: Premarital Cohabitation Assets and Divorce”

Cohabitation Births On The Rise As Marriage Stats Fall

Marriage Rates Decline While Births For Cohabitation Couples Increase According To A Recent Study

At Least One Child In Eight Is Born Into A Cohabitation Parent Family. Economic Factors Play Role In Non Marriage Births

cohabitation marriage birthsA recent study by the Council on Contemporary Families discusses the increase in cohabitating couples and planned children.  In births among cohabitating couples have increased 58% from 2006 to 2010. The study also suggests that half of these births were planned.  All in all, the rise in cohabitation is well documented, with cohabitation playing an increasingly prominent role in the lives of American adults and children. At least one child in eight is born into a cohabiting parent family, and this rate has doubled over the course of a single decade.

The increase in cohabitating union births leads to the question of why couples are not getting married as frequently as they had in the past.  Some insights may be gained from a recent NBC News article which interviews a 34-year-old mother, Anne-Marie Rinaldi, who has been cohabitating with her partner and fellow parent for the past decade. Ms. Rinaldi believes that having a child while cohabitating may become the “new normal.”  Ms. Rinaldi believes … Read More... “Cohabitation Births On The Rise As Marriage Stats Fall”