Myers v. Myers has finally been decided by the Utah Supreme Court and it has given us some answers and guidance as to what is cohabitation in Utah as it pertains to getting rid of alimony. In Myers the Court stated that a common domicile (house) needs to be established and that the relationship needs to have the “hallmarks” of a marriage. The key here is the work “hallmarks” and the use of that word with the Court. Some things that might give a picture of cohabitation or provide hallmarks could include;
- Shared financial responsibilities
- Lack of financial independence
- Help with maintenance on a home or residence
- Living as Husband and Wife
- Sexual Contact or intimacy
- Shared Assets
- Shared Meals
- Shared Decision Making
- Shared Space
- Storage of Personal Items or Property
- Joint Use of Property or Personal Property
- Shared Household Chores
These are just some of the factors to consider. Remember the issue here is painting a picture of a couple that is living together as husband and wife but that are not married. Most likely this new case makes it so that a case to terminate alimony will have to go to trial and lessens the likelihood of settlement. On the other hand I believe this case opens up Petitions to Terminate Alimony to a Motion to Dismiss to quickly find out what evidence the other side has before heading down an expensive trail of attorney fees.
We offer a free consultation to prospective clients. If you feel your ex-spouse is cohabiting give us a call and we will gladly answer your questions at (801) 475-0123
Salt Lake City Lawyers dealing Family Law and Cohabitation in Utah, Myers v. Myers, Salt lake County Attorneys, Ogden Lawyers, Custody Lawyers, Child Custody Lawyers, Salt Lake City Divorce Lawyers, Salt Lake City Divorce Attorneys.
