A recent Maryland Court of Special Appeals Case, Rose v. Rose, reaffirmed the difficult evidence necessary to terminate alimony payments when using a cohabitation clause in a Marital Settlement Agreement or Marital Property Settlement Agreement. a cohabitation clause allows for termination of alimony if the recipient cohabitates or lives with another person. Under the Gordon v. Gordon rule the party asking for termination must prove that the parties essentially lived as married spouses. Merely jointly owning a residence in which they live, with no other indicia of marriage such as commitment vows, rings, using each other’s names or holding themselves out to be married. As these requirements are rare for parties living together it is likely that such a clause will be ineffective to terminate alimony. Be sure to hire an attorney well versed in the nuances of Maryland marital/divorce law. Contact our office for a free consulation.
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