Under Virginia Code § 20-109, a court may modify or terminate spousal support if it is proven by clear and convincing evidence that the recipient has been engaged in a habitual cohabitation relationship analogous to marriage for at least one year.
In practical terms, this means that if a spousal support recipient has been living with another person for one year or more in a relationship that functions like a marriage, the court has the authority to terminate support.
Proving Cohabitation
Cohabitation cases often require detailed and well-documented evidence. Courts typically look at factors such as:
- Shared residence
- Financial interdependence
- Duration and continuity of the relationship
- Presentation of the relationship as marriage-like
- Shared responsibilities and household duties
Professional investigative services can play a critical role in gathering admissible evidence over time. O’Connell and Associates, Inc. has successfully assisted clients in proving cohabitation through diligent, long-term surveillance and documentation, helping many eliminate ongoing spousal support obligations.
If you believe your former spouse may be in a qualifying cohabitation relationship, it is important to consult with an experienced family law attorney to evaluate your options under Virginia law.