In most divorce cases, the terms of any spousal or child support obligation are set forth in either a court order or an agreement between the parties. Often, that includes a stipulation that spousal support payments will stop when the person receiving them remarries or otherwise “cohabitates” with another person. In In re Marriage of Woillard, California’s Second District Court of Appeals makes clear that the term “cohabitation” is interpreted fairly broadly.
Husband and Wife divorced in 1990 after what the Court called a “lengthy” marriage. Under the terms of the divorce judgment, Husband was required to pay wife $4,000 a month in spousal support until Husband or Wife died or until she was remarried or began cohabitating with an “unrelated male.” In 2011, Husband filed an action seeking to terminate the spousal support payment, arguing that Wife had been cohabitating with her boyfriend, Keith, for the last six years. A trial court agreed, concluding that the spousal support agreement expired in 2005 and ordering Wife to pay Husband back $256,000 in support payments that she shouldn’t have received.
The Court noted that Wife and Keith were engaged in 2004, vacationed and attended family events together and “shared significant resources” through the course of their relationship, which began three years earlier. Wife loaned Keith $30,000 – an amount he later paid back – and he often stayed at her home, where he kept clothes and other personal belongings and received his mail. The couple kept a joint checking account related to expenses and rental income for two condominiums that Wife owned. They also jointly purchased a boat in 2005, securing a loan for it by using Wife’s home as collateral. Keith slept on the boat when he didn’t stay at Wife’s house.