Q: is there a specified amount of time that constitutes cohabitation. In other words, does N.Y.S. designate the amount of time that a cohabitant can be with the supported spouse without spousal reduction or elimination?
A: David's Answer: No - indeed if your divorce agreement does not state otherwise, mere cohabitation is not a basis to terminate maintenance. Generally only actual remarriage results in such a termination. Schedule a consult with an Orange/Westchester Family Law attorney. -- David Bliven, Westchester Family Law attorney (www.blivenlaw.net)
I am a former Family Court prosecutor and handle all divorce and family law matters, including contested and uncontested divorces, child custody/visitation, child support/paternity, adoptions, family offense (orders of protection), child abuse/neglect and juvenile delinquency. I practice primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). My website can be found at www.blivenlaw.net.
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