Recently, the Fifth Appellate District in Ohio held in Grischow v. Grischow, that the domestic relations trial court out of Delaware County, Ohio did not err when it denied a motion to terminate spousal support based on cohabitation. In Ohio, most courts hold that spousal support can be terminated if it is established that the party receiving spousal support is “cohabitating” with another individual. There are many factors that determine whether there is cohabitation, but generally, that means living together under the same roof and also sharing expenses. In this case, the Court held that because the Wife (she received the spousal support) and her paramour did their own laundry at their own houses and also showered at their own houses, they were not “cohabitating.” The Wife and her paramour owned their own residences and paid their own mortgages and utilities. Even though they stayed together almost every night, the parties maintained their own expenses. The parties did sometimes use the other party’s internet, cars, and/or cable, but they did not share the cost of those expenses. Therefore, because there was enough of a separation between the parties’ lives, the Court held that there was no cohabitation and therefore, the Ex-Husband’s Motion to Terminate Spousal Support was denied. If you are in a situation where you and/or your significant other receives spousal support, you need to ensure that your actions will not cause you or your significant other to lose spousal support. Spousal Support orders can be significant and one shared mortgage payment could mean that you would lose out on thousands of dollars in the future. Give our office a call at 513-228-0407 if you would like to schedule a consultation to discuss cohabitation.
Where do you do your laundry? And Other Important Questions That Affect Spousal Support
On behalf of The Law Offices of W. Scott Russell, LLC | Jul 30, 2019 | Uncategorized