what constitutes living together

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what constitutes living together

In the state of NY, what constitutes living together? I am curious what the
specific definition of living together is so I will not lose any portion of
alimony or child support.

Asked on February 22, 2017 under Family Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

As a general rule, state law defines living together or "cohabitation" as the act of 2 adults living together for the majority of the time and habitually engaging in sexual relations.  Further, they must voluntarily and mutually assume rights and obligations which are usually displayed by married couples. Accordingly, cohabitation has been found in situations where a boyfriend maintained a separate residence but stayed in the divorced woman's home overnight 5 nights a week and enjoyed an exclusive monogamous relationship with her. People who occasionally "live together" and do engage in sexual relations may not meet the requirements of "cohabitation". Also, those merely having a monogamous dating and sexual relationship do not necessarily constitute cohabitation. So, for example, if a boyfriend maintains a separate residence and keeps his clothing there, does not pay any of the woman's household expenses, does not use her address for receiving mail, and/or has no joint financial accounts with her. Right now, you should speak directly with a local divorce attorney to be ceetain of your situation.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

As a general rule, state law defines living together or "cohabitation" as the act of 2 adults living together for the majority of the time and habitually engaging in sexual relations.  Further, they must voluntarily and mutually assume rights and obligations which are usually displayed by married couples. Accordingly, cohabitation has been found in situations where a boyfriend maintained a separate residence but stayed in the divorced woman's home overnight 5 nights a week and enjoyed an exclusive monogamous relationship with her. People who occasionally "live together" and do engage in sexual relations may not meet the requirements of "cohabitation". Also, those merely having a monogamous dating and sexual relationship do not necessarily constitute cohabitation. So, for example, if a boyfriend maintains a separate residence and keeps his clothing there, does not pay any of the woman's household expenses, does not use her address for receiving mail, and/or has no joint financial accounts with her. Right now, you should speak directly with a local divorce attorney to be ceetain of your situation. 


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