Legal Definitions - cohabitation

Cohabitation refers to the situation where two individuals live together in the same residence, typically sharing an intimate or romantic relationship, similar to a married couple, but without being legally married. While the term generally implies a shared life and often a sexual relationship, its specific legal meaning can vary depending on the context and jurisdiction.

In a legal sense, cohabitation can have significant implications, particularly concerning financial obligations, property rights, and the termination of support payments. Courts often look at factors beyond just sharing a roof, such as financial interdependence, shared social life, and mutual assumption of responsibilities, to determine if cohabitation exists.

Here are some examples illustrating how cohabitation applies in different legal situations:

• Spousal Support Modification: After a divorce, Sarah receives monthly spousal support from her ex-husband, Mark. Two years later, Sarah moves in with her new romantic partner, David. They share rent, groceries, and household bills, and present themselves as a couple. Mark's attorney might file a motion with the court arguing that Sarah's cohabitation with David constitutes a change in circumstances, potentially reducing or terminating Mark's spousal support obligation. The court would assess the extent of Sarah and David's financial and social interdependence to determine if cohabitation, as defined for spousal support purposes, is occurring.

• Cohabitation Agreement for Unmarried Partners: Michael and Emily, an unmarried couple, decide to buy a house together. They plan to share the mortgage, property taxes, and all household expenses. To protect their individual financial interests and clearly define their rights and responsibilities while living together, they consult an attorney to draft a cohabitation agreement. This legal contract specifies how they will contribute financially, how property will be owned, and what would happen to their shared assets and debts if their relationship ends, providing clarity on their living arrangement.

• Immigration Petition Evidence: A foreign national, Elena, applies for a marriage-based green card after marrying a U.S. citizen, Robert. As part of the immigration process, they need to prove their marriage is genuine and that they intend to live together permanently. They submit extensive evidence of cohabitation, including a joint lease agreement for their apartment, utility bills in both their names at the same address, shared bank account statements, and mail addressed to both of them at their residence. This documentation helps demonstrate to immigration authorities that they are genuinely living together as a married couple.