In Virginia, there are only a handful of circumstances under which alimony or spousal support may be terminated or cut off. Section 20-109(A) of the Virginia Code states that one of those ways is to show that, based on clear and convincing evidence, the spouse receiving support has been habitually cohabiting with another person in a relationship analogous to a marriage for one year or more. (Emphasis added).
The Legal Language
The statute explicitly uses the word “person” instead of “member of the opposite sex,” and with the legality of same-sex marriage in Virginia and across the country, one would expect the law to apply to both opposite- and same-sex cohabitation arrangements alike.
However, in a previous case, the Virginia Court of Appeals ruled differently.
Luttrell v. Cucco: The Original Ruling
As reported in a blog post last year, the Virginia Court of Appeals ruled in Luttrell v. Cucco that “cohabitation” only applied to opposite-sex couples. In that case, a divorcee in a same-sex relationship lived with her partner. When her former spouse sought to terminate his spousal support obligations, the Court of Appeals agreed with the trial court that the former husband had to continue making alimony payments to his ex-wife. The courts concluded that a relationship “like a marriage” only applied to opposite-sex couples.
The Virginia Supreme Court’s Reversal
This year, the Virginia Supreme Court overturned the Luttrell decision. Emphasizing the statute’s gender-neutral reference to a “person,” Virginia’s highest court clarified that the purpose of the statute is to prevent a spouse who has entered a committed and financially interdependent relationship from continuing to collect support from their former spouse. One of the key goals of alimony orders is to maintain the former couple’s post-separation lifestyle. If a spouse is now supported or helped financially by a new companion, regardless of gender, there is no need for the support payments to continue.
Seeking Legal Assistance
If you are considering filing for a modification of alimony based on the cohabitation of your ex-spouse, or have any other family law matter, it is crucial to hire an experienced family law attorney. The qualified attorneys at the DiPietro Family Law Group have decades of experience handling all types of alimony cases and other family law issues in Northern Virginia, Maryland, and Washington, DC.
Contact us today for a consultation at (888) 530-4374.
